MEMURY AID

San Beda University College of Law - RGCT 8ar Operations Certer

> CLASSIFICATION OF THINGS:

PROPERTY 1. Res Nullius
— “belonging to no one”

. . REASON: They have not yet been appropriated.

PROPERTY AS A SUBJECT a. Res Derelictae — abandoned by the owner
It is a branch of civil law which classifies and defines with the intention of no fonger owning them:
the different kinds of appropriable objects, their b. Ferae Naturae — free in their natural habitat
acquisition and loss, and in general, treats of the
nature and consequences of real rights (PARAS, Civil 2. Res Communes
Code of the Philippines Annotated Volume II, (2016), - ‘belonging to cveryone”; their use and
p. 1 [hereinafter 2 PARAS]). enjoyment are given to all mankind.

PROPERTY NOTE: They are not capable of appropriation in

All things which are or may be the object of their entirety as such although they may be
appropriation (CIVIL CODE, Art. 414). appropriated under certain conditions in a limited
way (Id. at 2).
Under civil law, property comprehends every species
of title, inchoate or complete, legal or equitable 3. Res Alicujus
(China Banking Corporation v. CA, GR. No. 129644, — "belonging to someone”; objects, tangible or
March 7, 2000). intangible, which are owned privately, either in a
collective or individual capacity (2 PARAS, supra
THING V. PROPERTY at)
QUISITES/CLASSIFICATIONS OF
Any object which | Anything which: is
exists and is capable already an object of
of satisfying human appropriation: or-found
needs, including those in the possession. Of utility, Fad is generally economic, endows
already possessed, |man. IF must. be property with value susceptible of pecuniary
those susceptible of | susceptible of estimation'(DE LEON, Property, supra at 2);
appropriation, - and appropriation: +:
common things which ’ - Si ity or individuality
are physically or ~ quality of having existence apart from any other
legally impossible to thing. Thus, parts of the human body such as
possess, lood, and teeth cannot exist by themselves
(DE LEON, Comments and Cases on Froperty fhdependent of the body; they become property
(2015), p. 1 [hereinafter DE LEON, Property)... only when separated from the body of the person
to whom they belong (/d.); and
NOTE: Strictly speaking, “thing” is not synonymous 3. Appropriability
with “property”. However, the Civil Code uses these - susceptibility of being possessed by men (/d.).
terms interchangeably (/d.).

DOHN ALFRED FE. AQUILIZAN, Cver-All Chairperson t NICHOLE VANE B. SANTOS, Chairperson for Academics | RONALYN A.
GACULA, Ad Hoc Director for Bar Matters | MARIELLE CIELO B. BELGIRA, Vice Chairperson for Finance | JUAN INIGO S$. MIGUEL,
Vice Chairperson for Operations | ALISSA MARIE D.C. DELOS SANTOS, Vice Chairperson for Audit | CORINA TAMPUS, Vice Chairperson -
Jor Secretariat | ARVY KEYTH CHUNG, Vice Chairperson for Logistics | ANTONIO JUN-JUN C. MANALIGOD 1V, Vice Chairperson for
Membership | JORDAN N. CHAVEZ, Vice Chairperson for Electronic Data1 Processing

PERAL TA, Subject Electronic Data Processing | SUBJECT HEADS: JOAN V. LAGRADILEA, Agency & Trusts | QUENNIE IRIS V.
BULATAO, Conflicts of Law | JESSU R. TRINIDAD, Loan and Deposit | SKY BLUE C. SAMSON, Obligations and Contracts |
CHRISTIENNE NATHALIE A. BERONA, Persons and Family Relations | KRISTOFFER MONICO 8. NG, Property | JULEEN EVETTE
D. MALLARI, Land Titles and Deeds | MARISOL 0. SISON, Sales | GFM EDWARD E. AQUINO, Torts | PATRICIA MAE R. FEDERIS,
Succession

UBIECT MEMBERS
SAMANTHA YVES O. PLACIDO, QUENNIE IRIS V. BULATAO, JESSU R. TRINIDAD, PATRICIA MARIE G. CARLON,
CHARISMA T. CHAN, ROCKYLLE DOMINIQUE L. BALISONG, ROSELLE JUNE G. CERENO, MARIANNE HELENE P. REYEG,
VERONICA V. VELASQUEZ, ALYSSA AIMEE S. BATLE, MICHELLE L. DELOS SANTOS, SUSANNA MARTHA B. IBE, KARLA
MARIE C. SANTOS, YUMIKO ANGELIUS M. YOSHIY, MARY JOY B. DELA CRUZ, JESSA A. YALAQ., KIEZLLE CAYNE D.
MANALILL, ANNA ROCHELLE D. PAYONGAYONG, MA. NICOLAI M. TORRES and MIKHAILA KLAUDINE A. ROSALES

Atty. JOSEPH FERDINAND DECHAVEZ Yean. JF.

 PROPERTY
Civil Law

CLASSIFICATION OF 5. Dependence or Importance:

a. Principal; and
PROPERTY b. Accessory (DE LEON, Property, supra at 6-
7).
(ART. 414) 6. Capability of Substitution:
a. Fungible; and
b. Non-fungible (id.).
7. Definiteness or Nature:
KINDS OF PROPERTIES: a. Generic -or. Indeterminate — referring to a
1. immovable or Real (CIVIL CODE, Art, 415); group or class; and
2. Movable or Personal (CIVIL CODE, Arts. 416 and b. Specific or Determinate — referring to a
417}; and single, unique object (/d.).
3. Mixed or Semi-movabies
a. Movables that are rendered immovable by NOTE: Under the Law on Sales, a thing is
reason of being immobilized by destination or determinate or specific-when it is particularly
through attachment to an immovable; designated or physically segregated from all
b. Immovables but are treated as movables others of the same class (CIVIL CODE, Art.
because they can be transplanted (e.g, 1460).
plants) or dismantled and moved to another
place (e.g., house of light materials) without” 8. "Divisibility:
impairing their substance; and a. - Divisible; and
¢. Animals in animal houses, pigeon houses, jeF Indivjsiple (DE LEON, Property, supra at 6-
etc. (CIVIL CODE, Art. 414, Par5) which-arg Sn
classified as immovable though transferable... 9:- Consumab v(Movables):
from place to place or they’ can move by Consumablesand
themselves (DE LEON, Property. supra at:9- b Non- consumable (id.).
10). 10. Whether iinthe Custody of the Court or Free:
a. In custodia fegis -- those seized by an officer
OTHER CLASSIFICATIONS | OF under a writ of attachment or execution; and
PROPERTIES: i b. “Free” property fd. ).
1. Ownership: :
a. Public dominion; and. Importance of Classification:
b. Private dominion (ld: at 6-7) The classification of ‘property into immovables and
2. Alienability: * movablés does not assume its importance from the
a. Within the commerce of man; and fact of mobility or non-mobility, but from the fact that
b. Outside the commerce of man (1), different provisions, of the law govern the acquisition,
© pessession;: dispgsition, loss, and registration of
3. Existence:
a. Present or existing property {res oxisonies) immovables and maovables (2 PARAS, supra at 5).
and
b. Future property (res futurae) (ld. J. 1. In Private International Law, the general rule is
4. Materiality or immateriality: “that immovables are governed by the law of the
a. Tangible or Corporeal (objects which can be country in which they are located, whereas
seen or touched); and movables are governed by the personal law of
b. Intangible or Incorporeal (fd.). the owner (DE LEON, Property, supra at 8).
2. Under the law on Donation, in order for a
NOTE: Rights or credits, like the credit donation of an immovable property to be valid, it
by P1,000 Bangko Sentral (2 must be made in a public document (CIVIL
represented
PARAS, supra at 3).
CODE, Art. 749). If the donated property is a
movable one, which value exceeds P5,000.00,
NOTE: Philippine peso bills when attempted to both the donation and the acceptance must be in
be exported may be deemed to have been taken writing (CIVIL CODE, Art. 748). -
out of domestic circulation as legal tender and 3. In Criminal Law, usurpation of property can take
may therefore be treated as a commodity. place only with respect to real property; while
Hence, bills carried in excess of that allowed by robbery and theft can be committed only with
the Bangko Sentral may be forfeited pursuant to respect to personal property (DE LEON,
CB Circular No. 37 in relation to Sec. 1363 (f) of Property, supra at 8-9).
the Revised Administrative Code (Commissioner 4. In Civil Procedure, actions concerning real
of Customs v. Capistrano, G.R. No. L-11075; property are brought in the RTC where the
June 30, 1960). property or any part thereof lies, whereas
 MEMORY AID
San Beda University College of Law ~ RGCT Bar Operations Center

personal property are brought in the court where same for medical, surgical, or scientific purposes.
the defendant or any of its defendants reside or Similar authority may also be granted for the
may be found, or where the plaintiff or any of the utilization for medical, surgical, or scientific
plaintiffs reside (/d.). purposes, of any organ, part or parts of the body
5. In Contracts, only real property can be the which, for a legitimate reason, would be detached
subject matter of real mortgage and antichresis, fram the body of the grantor (R.A.N0.349, as
while only personal property can be the subject amended by R.A. 1056, See. 1).
matter of simple loan or mutuum, and voluntary
deposit and Personal Property Security Act (Id.). Requisites for the validity of the
NOTE: The laws on pledges and chattel "authorization: (WSS)
mortgage are repealed by RA 11057 a. ht must be in Writing;
otherwise known as the Personal Property b. It must Specify:
Security Act (hereinafter PPSA). Based on 1. The person or institution granted the
Section 68 and 26 of the PPSA, the authorization;
implementation of this act shall be 2. The organ, part or parts to be
conditioned upon the establishment and detached,
operation of the Registry. 3. The use or uses of the organ, part or
6. Under the law on Prescription, ownership of real parts to be employed; and
property may be acquired by prescription, with c. It must be Signed by the grantor and two
just title and in good faith for at least ten (10) disinterested witnesses (R.A. No. 349, Sec.
years or without need of title or of good faith for 2).
at least thirty (30) years (CIVIL. CODE, Art. 1137),
whereas in case of personal property, the period Under R.A. No. 349, consent t¢ organ retrieval
is four (4) years, if in good faith and eight (8) after the patient's death may be given, first and
years without need of any condition (CIVIL? foremost, by the patient's nearest relative or
CODE, Art. 1132). cat the time of. death. It is only in the
7. In order lo affect third persons, generally, 1at these relatives cannot be contacted
transactions involving real property "must be despite reasonable efforts that the head of the
recorded in the Registry of Properly (CIVIL hospital or; institution having custody of the body
CODE, Art. 2140; DE LEON, Property; supra at may give gansent for organ retrieval on behalf of
8-9). In any tangible asset, a. security interest the patient. Failing this, liability for damages
may be perfected by registration or possession. arises {Alano v. Magud-Logmao, G.R. No.
A security interest in investment property and 014).
deposit account may be perfected by. registration
or control. On perfection, a security interest R.A. No. 7170: Organ Donation Act of 1991
becomes effective against third persons. (R.A.
No. 11057, Secs. 11 and 12). : Donation by way of legacy:
nder:this law, any individual, at least 18 years
NOTE: The human body, whether alive;-or dead, is of age and of sound mind, may give, by way of
neither real nor personal property, for it is.notieven legacy, to take effect after his death, all or part of
property at all, in that generally, it cannot be his body for medical or dental education,
appropriated although there is a right of possession research, advancement of medical or dental
over it for burial purposes. Under certain conditions, science, therapy or transplantation, as the case
the body of a person or parts thereof may be the may be.
subject matter of a transaction (2 PARAS, supra at
7). Persons who may execute a donation on
behalf of another: {S*PG)
NOTE: Any of the following persons, in the order stated
1. R.A. 349: An Act to Legalize Permissions to hereunder, in the absence of actual notice of
Use Human Organs or Any Portion or contrary intentions by the decedent or actual
Portions of the Human Body for Medical, notice of opposition by a member of his or her
Surgical, or Scientific Purposes, Under immediate family, may donate all or any part of
Certain Conditions (1949), as amended by the decedent's body:
R.A. 1056 Spouse;
poo TD

Under this law, a person may validly grant lo a Son or daughter of legal age;
licensed physician, surgeon, known scientist, or Either Parent;
any medical or scientific institution including eye Brother or Sister of legal age; or
hanks and other similar institutions, authority to Guardian over the person of the decedent at
detach at any time after the grantor's death any the time of his death (R.A. No. 7170, Sec.
organ, part or parts of his body and to utilize the 4(a)).
 PROPERTY
Civil Law

Real by Incorporation
NOTE: The persons authorized by subsection (a) — attached to an immovable in a fixed manner to
may make the donation after or immediately be an integral part thereof (CIVIL CODE, Art,
before death (RA. No. 7170, Sec. 4, Par. b). 415(1-4 and 6);

Possible Donees: Real by Destination

a. Any hospital, physician or surgeon - for
~ placedin an immovable for the utility it gives to
medical or dental education, research,
the activity carried thereon (CIVIL CODE, Ar.
advancement of medical or dental science, 415(4-7 and 9)); and
therapy, or transplantation;
b. Any accredited medical or dental school,
Real by Analogy
college or university — for education, ~ it is so classified by express provision of law 2
research, advancement of medical or dental
PARAS, supra, at 12; CIVIL CODE, Art. 415(10)).
science, or therapy;
¢. Any organ bank storage facility ~ for medical
or dental education, research, therapy, or
TYPES OF IMMOVABLE PROPERTIES
transplantation; and (CIVIL. CODE, Art. 415) (LaTAS-FAMine-
d. Any specified individual — for therapy or MacDoCo)
transplantation needed by him (R.A. No. Land, buildings, roads and constructions
7170, Sec. 6).
..0f all kinds adhered to-the soil
R.A. 7719: National Blood Services. Act of
“ia. Land, is the best example of immovable
1994
property: However, a shovelful of land is a
This act promotes voluntary blood" donation to
= personal - ‘property since this no longer
ensure adequate supply of htiman blood. i
ea adhéres tq the soil but when it is used to
NOTE: RA. 7719 or the Naticnal Blood Services cover, a and, it becomes immovable again (2
PARAS; supra at 13).
Act of 1994 is intended primarily to safeguard the
health of the people and Has mandated several”
b, Building; are inmovables by incorporation.
measures to attain this ébjective. One of these is
© Their adherence to the land must be
the phase out of commerciagkblocod banks inthe
country. The law has sufficiently” provided 4 permanent’ arid gubstantial. They are more or
ess: of 9 permanent structure, substantially
definite standard for : the. guidance “of “the.”
Secretary of Health in carfying out its:provisions,
: Rl land, and not mere
~stiperimpositions on the land like barong-
that is, the promotion of public health by:providing
*_barongs or quonset fixtures, provided there
a safe and adequate supply of blood through:
ls intent of permanent annexation {id.).
voluntary blood donation. By.its provisions, ithas,
conferred the power and sauthority™.lo. “the ©
we ““Cénstruétions of All Kinds” - the
Secretary of Health as (0 its execttion; 16" be. ....
REY attachment must be more or less permanent;
exercised under and in pursuanée. of ‘the’ law :
Jt ‘intent to attach permanently is important (2
(Beltran v. Secretary of Health, G.R. No. 133640,
: “PARAS, supra at 18).
4

November 25, 2005).

It should be attached to the land in such a
way it cannot be separated therefrom without
breaking the material or deterioration of the
IMMOVABLE object (Meralco Securities Industrial Corp v.
PROPERTIES CBAA, G.R. No. [.-46245, May 31, 1982).

(ART. 415) Where a building is sold to be demolished

immediately, it is to be regarded as movable
because the subject matter of the contract is
really the materials thereof (DE LEON,
CATEGORIES: (NIDA) Property, supra, at 55).
1. Real by Nature
— it cannot be carried from place to place (CIVIL Principle of Accession - the building is
CODE, Art. 415(1-2 and 8)); immovable property whether it is erected by
the owner, usufructuary, or lessee of the land
(Evangelista v. Alto Surely & Ins. Co., Inc.,
G.R. No. L-11139, April 23, 1958).
MEMORY AID
Sart Beda University College of Low - RGCT Bar Operations Canter

The building and the land on which it is On March 25, 2021, the LRA announced the
erected are separate immovable properties soft launching of the Philippines Personal
(Lopez v. Orosa, G.R. No. L-10817-18, Property Security Registry (PPSR). For
February 28, 1958). clarity, lhe oparationalization of the PPSR
with respect to User Account creation shill
While it is true that generally, real estate not mean that the Registry has been fully
connotes the land and the building established and operational, as
constructed thereon, it is obvious that the contemplated in Sec. 55 item d of the PPSA,
inclusion of the building, separale and nor does this mean that the PPSR is now fully
distinct from the land, in the enumeration of implemented as provided in Section 8.3 item
what may constitute real properties could a (ii) and 10.03 of the PPSA IRR, (LRA
mean only one thing — that a building is by Circular 11-2021 Sec 5.2).
itself an immovable property (Lopez Vv.
Orosa, Jr, G.R. Nos. L-10817-18, February ¢. Roads, whether public or private, are
28, 1958). immovable. They are considered integral
parts of the land.
A building is an immovable property
irrespective of whether or not said structure d. Constructions. Examples of constructions
and the and on which it is adhered to belong are railroads. A wall or fence is to be
to the same owner. It cannot be divested of regarded as a construction by incorporation
its character of a realty by the fact that the as long as there is intent to attach it
fand on which it is constructed belongs to. permanently although it is merely made to
another (Associated Insurance & Surety Ca.” rest on the land (DE LEON, Properly, supra
Inc. v. Iya, G:R. No. L-10837-38, May 30, at 13).
1958).
nts, and growing fruits
GENERAL RULE: The execution of a chattel : immovable property on the theory that
mortgage on a building is nulland void,
notwithstanding registration inthe; Chattel:
Mortgage Registry (Associated Iiisurance &
Surety Co. Inc. v. lya, GR, No. L- 10837- 38.
May 30, 1958). However, E hen trees are detached or
iprooted orporation ceases and they
ovables, except in the case of
uprooted timber if the land is a timberland.
the law, i.e., the parties to.a contract may, by This is because it is still an integral part of an
agreement, treat as personal property that immovable property when it constitutes the
which, by nature, would be real property. The: Ratural product of the latter (2 PARAS, supra
view that parties to a deed: of chattel at 18).

personal property is good only insofar as the b. Growing Crops

contracting parties are concerned. The same Inasmuch as the law makes no distinction,
is based on the principle of estoppel growing crops whether on one’s land or on
(Evangelista v. Alto Surety Co. as cited in another's, as in the case of usufructuary, a
Navarro v Pineda and Reyes, G.R. No. L- possessor or a tenant, should be considered
18456, November 30, 1963). Hence, a house as real property (ld. at 19-20).
may be the object of a chattel mortgage
contract, provided that: On the other hand, once they have been
i. The parties to the contract so agree; and severed they become personal property.
ii. No innocent third party will be prejudiced. Sale of growing crops is sale of personal
property (3 MANRESA 22 as cited in
NOTE: The laws on pledges and chattel PARAS, supra at 19) because when the
mortgage are repealed by RA 11057 crops are sold it is understood that they are
otherwise known as the Personal Property to be gathered (2 PARAS, supra at 19-20).
Security Act (hereinafter PPSA). Based on
Section 68 and 26 of the PPSA, the 3. Everything Attached to an immovable in a
implementation of this act shall be fixed manner
conditioned upon the establishment and The attachment need not be made by the owner.
operation of the Registry. The same must be such that it cannot be
separated from the immovable without breaking
 PROPERTY
Civil Law

the material or deterioration of the object. The d. There is an Intention of permanent

breakage or injury, in case of separation, must be annexation or attachment, even if adherence
substantial (fd. at 20}. will not involve breakage or injury ~ this is the
main consideration (DE LFON, Property,
Article 415 paragraphs 1 and 3 provide that real supra at 21-22).
property may consist of constructions of all kinds
adhered to the soil and everything attached to an DISTINCTIONS BETWEEN PAR. 3 AND 4
immovable in a fixed manner, in such a way that
OF ART. 415
it cannot be separated therefrom without
breaking the material or deterioration of the
object. The pipeline. system in question is
indubitably a construction adhering to the soil. It Cannot be separated Can be separated from
is attached to the land in such a way that it cannot frorn immovable without immovable without
be separated therefrom without dismantling the breaking or breaking or
steel pipes which were welded to form the deterioration deterioration.
pipeline (Meralco v. CBAA, G.R. No. L-46245,
Need not be placed by Must be placed by the
May 31, 1982).
the owner. owner or his agent.
Where the property like a water pump and its Real property by | Real property by
accessories can be separated from the ingg poration. incorporation and
immovable without being broken or suffering, destination.
deterioration as when such removal involved;
nothing more complicated than the 166senitig of ..... @ PARAS supra at 20). .
bolts or dismantling of fagfeners, the said
property is not immovable under Art. 495(3) (Yap -:9, Machinery. receptacles, instruments, or
v. Tanada, G.R. No. L- 32947, SY, 18, 1988). implements for an industry or works

Both electric lines and communication: ‘cables, in
the strictest sense, are not directly adhered to the”
soil but pass through posts, telays, or landing
stations, but both may: be classified under the
term "machinery" as real property, under Article:
415(5) of the Civil Code for the simple reason that
such pieces of equipment serve the owner's
business or tend to meet the needs of his indostry
or works that are on real estate (Capito! Wireless... ~
v. The Provincial Treasurer, ofof Batangas,
No. 180110, May 30, 2016).
Machinery is a Collective term for machines and
appliances used in the industrial arts (DE LEON,
Property, supra’at 23).
Equipment covers physical facilities available for
prediction, including buildings, machineries, and
teols {/d.).
implements pertain to whatever may supply to
G Rip what iIs'lacking especially an instrument, tool, or
a. utensil fd).

Intent Material Requisites: (OBM)

The fact that the machineries were “bolted
cemented on real property mortgaged does not
make them ipso facto immovable under Article
415°(3) and (5) as the parties’ intent has to be
looked into. Even if the properties appear to be
immovable by nature, nothing prohibits the
parties from treating them as chattels to secure
an obligation under the principle of estoppel (Tsai
v. CA, G.R. No. 120098, October 2, 2001).
or a...it must be placed by the Qwner of the
tenement or his agent {Davao "Sawmill Co. v.
Castillo, G.R. No. 40411, August 7, 1935);
b. The industry or works must be carried on in
a Building or on a piece of land (CIVIL
CODE, Art. 415(5)); and
¢. They tend directly to Meet the needs of the
said industry or works (CIVIL CODE, Ar.
415(5)).

Statues, reliefs, paintings, or other Test of Essentiality

objects for use or ornamentation The machineries must be an essential and
principal element of the industry or works, without
Requisites: (OPOI) which such industry or works would be unable to
a. tis an Object of ornamentation or object of function or carry on the industrial purpose for
use; which it was established, and not merely
b. The property is Placed on a building or land; incidental (Mindanao Bus Co. v. City Assessor
c. It must be placed by the Owner of the and Treasurer, G.R. No. L-17870, September 29,
immovable or by his agent. (buildings or 1962).
lands); and
MEMORY AID
Ban Beda Unhwmrsity College of Luw ~ RGCT Bar Operations Center

The equipment and living quarters of the crew, separated from the tenement temporarily, the
being permanently attached to the platform, property continues to be an immovable (2
which is also an immovable, are immovables. PARAS, supra at 23).
This is especially so if they are intended to meet
the needs of the business and industry of the Animal houses, pigeon houses,
corporation (FELS Energy, Inc. v. Province of beehives, fishponds or breeding places
Batangas, G.R. No. 168557, Feb 16, 2007). of similar nature
A machinery, although movable in nature, Requisites: (PIO)
becomes immobilized when placed on a plant by a. Forms a Permanent part of the immovable:
the owner of the property but not so when placed b. Placed or preserves them with the Intention
by a tenant, usufructuary, or a person having only of permanent attachment; and
a temporary right, unless: c. Placed by the Qwner (civ CODE, Art.
a. Such person acted as an agent of the owner 415(6)).
of the land; or
b. Inthe case of a tenant and he had promised The animals in these places are included as real
to leave the machinery on the tenement at property (DE LEON, Property, supra at 29).
the end of the lease (Davao Sawmill Co. v.
Castillo, G.R. No. 40411, August 7, 1935). in case of alienation, if the building or tenement
in which the animals are placed is also alienated,
The special civil action of replevin is applicable they are to be regarded as immovable. However,
only to personal property. it cannot be filed when when the animals inside the permanent animal
the subject machinery and equipment bad houses are alienated onerously or gratuitously, it
become an immovable property (Machinery.'& is believed that the transaction is an alienation of
Engineering Supplies, Inc. v. CA, G.R. Noz'L- personal property (2 PARAS, supra at 27).
7057, October 29, 1954).
owever, animals are to be regarded as personal
Pales and steel supports or towers of:an electric property [orpurposes of criminal law (DE LEON,
company are not real property for purpose of real’ Property. supra at 29).
property tax, since they are merely aftached:to a
square metal frame by means of bolts,. which Animals which, are temporarily outside may still
could easily be dismantled apd moved from place be considered real property, as long as the intent
to place {Board of Assessment Appeals'y. Manila rgsent, as in the case of homing
Electric Company, G.R. No: L- 15334, January pigeons {2 RAS, supra at 27).
31, 1964). :
Eertilizer
Conflicting Views on the Effect .of the 'his.is an immovable by destination (DE LEON,
Temporary Separation of Movables from “Property, supra at 29-30).
Immovables to which they are attached: =
a. They continue to be regarded as immoyvables The term “actually used” means that it has been
as long as they are utilized or still riseded in spread over the land (2 PARAS, supra at 28).
the industry (View supported by De Leon).
_ b. Fact of separation determines the condition Fertilizers kept in a barn or still in their containers
of the object {View supported by Paras and should be regarded as movables (/d.).
Tolentino).
c. Things temporarily separated from the Mines, quarries and slag dumps
immovable shall continue to be regarded as
They are considered as realty only if the matter
immovables if there is intent to put them back
remains unsevered from the soil. Once severed,
(Partidas). they become personally (DE LEON, Property,
d. The material fact of incorporation or
supra at 30).
separation is what determines the condition
of these objects; so that as soon as they are
Mines — mineral lands where excavations are
separated from the tenement, they recover
done to extract minerals (include minerals when
their condition as movables irrespective of
still attached thereto) (/d.).
the intention of the owner (2 NAVARRO
AMANDI, supra at 14-15).
Quarries — lands where stones are chipped off
e. If the machine is still in the building, but is no
or where sand is being extracted; once extracted
longer used in the industry, the machine
they become movables (/d.).
reverts to the condition of a chattel. On the
other hand, if still needed for the industry, but
 PROPERTY
Civil Law

Stag dumps — dirt and soil taken from a mine and Pursuant to Section 1 of Act No. 4166, sugar
piled upon the surface of the ground (/d.). quotas, although not physically united to the land,
are considered immovable because they are
Waters ~ those still attached to or running inseparable therefrom and are real rights over
through the soil or ground (Id.). immovable property (PINEDA, Law on Property,
(2009), p. 18 [hereinafter PINEDA, Law on
Waters which are immovable, such as sea, river, Property]). i
or lake must not be confused with “water” itself
which is plainly movable property (id.}. As between the Civil Code, a general law
governing property and property relations, and
Docks and Structures the Local Government Code, a special law
Since "waters either running or stagnant” are granting local government units (LGUs) the
considered immovables, it is logical that power to impose real property tax, the latter
constructions united to them in a fixed and prevails for the purpose of determining which
permanent manner are also immovable (Id.). properly is subject to real property tax. In Manila
Electric Company vs City Assessor, it was ruled
Vessels are considered personal property under that the transformers, electric posts, transmission
civil law as welt as under common law, although lines, insulators, and electric meters of
occasionally referred to as a peculiar kind of MERALCO may qualify as “machinery” under the
personal property (Phil. Refining Co., Inc. v... Local Government Code subject to real property
Jarque, G.R. No. 41506, March 25, 1935)" "tax.

Although vessels are personal. property, they ce

partake to a certain extent of the nature” and
conditions of real property bgcause of their value" MOVABLE PROPERTIES
and importance in the world: of commerce
(Rubiso v. Rivera, G.R. No. 15260, August 18, (ARTS, 416-418)
1820). f

Power barges are categorized as immovable

property by destination, being the nature of
machinery and other implements: intended by 1. By description :
the owner for an industry or.work which, may be Whether the praperty can be transported or
carried on in a building or oA & piece of land and : carried from place to place; and
which tend directly to meet the “needs ‘of said “b.~ Whether suck’ change of location can be
industry or work (Fels Energy, Inc Ww, Province of ~~ mage withowt injuring the immovable to
Batangas, G.R. No. 168557; February. 1 8, 2009. which the Sbject may be attached (CIVIL
: “CODE, A. 416).
10. Contracts for Public “works; y dnd
servitudes and other real rights 2. ‘By ‘exclusion
-Properties referred to in Art. 415(10) are. not - "Whether the object does not fall within any of
material things but rights, which are necessarily ~~ the 10 cases enumerated in Art. 415 (2 PARAS,
intangible (3 MANRESA 11 as cited in 2PARAS, supra at 34).
supra at 30).
KINDS OF MOVABLE PROPERTIES:
Where the res of a real right is real property, the (AP- F-TOS)
right itself is real property; but where it is personat
Those movables susceptible of Appropriation
property, the right itself is personal property.
which are not included in Art. 415 (CIVIL CODE,
Hence, ownership is real property if the thing
owned is immovable and personal property if
Art. 416(1)).
‘movable (DE LEON, Property, supra at 32).
2. Real property which by any special provision of
law is considered as Personalty (CIVIL CODE,
Hence, a real right over a real property is also a
Art. 416(2)).
real property and a real right over a personal
property is also a personal property.
3. Forces of nature which are brought under control
by science (CIVIL CODE, Art. 416(3)).
A personal right is always regarded as personal
property. The exception is in the case of a
Examples: electricity, gas, rays, heat, light,
contract for public works which is censidered reat
oxygen, atomic energy, water power, etc.
property (/d.).
 NITE Ein

MEMORY AID
San Beda University College of Law - RGCT Bar Operations Center

agreed that the identical thing be returned, it

itis true that electricity is no longer, as formerly is non-fungible (id).
regarded by electricians as fluid, but its
manifestations and effects like those of gas, may Hlustration: Rice is, by nature, consumable
be seen and felt. The true test of what is a proper but if the pariies intended it for display, it is
subject of theft is not whether the subject is non-fungible because the identical rice need
corporeat or incorporeal but whether it is capable to be returned. If it is loaned for consumption,
of appropriation by another than the owner (U.S. it is both consumable and fungible (DE
v. Carlos, G.R. No. 6295, September 1, 1911). LEON, Property, supra at 37).

4. In general, all things which can be Transported NOTE: The Civil Code, in many instances,
from place to place without impairment of the real uses the terms consumable and fungible
property to which they are fixed (CIVIL CODE, interchangeably {2 PARAS, supra at 39).
Ait. 416(4)).

5. Obligations and actions which have for their

object movabies or demandable sums (CIVIL PROPERTY IN RELATION
CODE, Art. 417(1)).
TO WHOM I'T BELONGS
An action to recover a personal property like a car
is personal property by itself. But the right to
(ARTS. 419-425)
recover possession of a piece of land is real
propeity.

PROPERTY IS EITHER OF:

Demandable Sums — amounts which ‘are
liquidated and determined. : Hit Public dominion
vned by the state in its public or sovereign
6. Shares of stocks of agricultural, commercial, and capacity nd intended for public use and not for
industrial entities, although they may have real the use of the state as a juridical person (DE
estate (CIVIL CODE, Art. 417(2)). LEON, Proparty, stipra at 38); or

The term “entities” includes all juridical persons Private ownership

such as partnerships, althotigh they donot issue ned by the State and its political
shares of stocks (DE LEON; Property. Supra at s+in their private capacity and is
36). patrimonial property (CIVIL CODE,
Arts. 421-424); or
Stock Property belonging to private persons, either
Participation. or interest in a businéss isa
personal property but interest in the real property
individually or collectively (CIVIL CODE,
425).
Art.
TE
of a business entity is a real property (fd.). Qe
Property is presumed to be owned by the State in the
CLASSIFICATION OF MOVABLES: absence of any showing to the contrary (Salas v.
Jarencio, G.R. No. L- 29788, August 30, 1972). All
1. By Nature:

P
lands not appearing to be clearly private dominion is
a. Consumable - cannot be used according to
presumed to belong to the State (Republic v. TAN.
its nature without it being consumed (CIVIL Properties, inc., G. R. No. 154953, June 26, 2008).
CODE, Art. 418); and
b. Non-consumable - any other kind of
Accordingly, public lands not shown to have been
movable property (CIVIL CODE, Art. 418).
classified, reclassified, or released as alienable
agricultural land or alienated to a private person by
NOTE: The classification applies to
the State remain pant of the inalienable lands of public
movables or to corporeal objects only.
domain. Therefore, the onus to overturn, by
incontrovertible evidence, the presumption that the
2. By Intention: land subject of an application for registration is
Fungible - replaceable by an equal quality
and quantity, aither hy nature of things or
alienable and disposable rests with the applicant
(Republic v. Spouses Alejandre, G.R. No. 217336,
agreement; if it is agreed that the equivalent October 17, 2018).
thing be returned, it is fungible {2 PARAS,
supra at 39); and
b. Non-fungible ~ irreplaceable because
identical objects must be returned; if it is
 PROPERTY
Civil Law

This principle is rooted in the Regalian doctrine under Absent any expropriation proceeding and without any
which the state is the source of any asserted right of evidence that the petitioner donated or sold the
ownership of land (CONST, Art. Xil, Sec. 2). subject property to the municipal government, the
same is still private property. A municipal ordinance
PROPERTY OF PUBLIC DOMINION does not convert the same to public property
CONCEPT: it does not import the idea of ownership. (Gatchalian v. Flores, G.R. No. 225176, January 19,
i is not owned by the State but simply under its 2018).
jurisdiction and administration for the collective
enjoyment of the people. The ownership of such KINDS:
properties is in the social group, whether national, 1. For Public Use
provincial or municipal {DE LEON, Property, supra at - may be used by anybody and not limited to
39). privileged individuals. It includes roads, canals,
rivers, torrents, ports, and bridges constructed by
PURPOSE: to serve the citizens for the common and the State, banks, shores, roadsteads, and others
public welfare and not the State as a juridical person of similar character
(/d. at 80). (DE LEON, Property, supra at 40-41).

CHARACTERISTICS: (OI-PEAR) Canals - artificial waterways designed for

1. Outside the commerce of man except insofar as navigation or for irrigating or draining land (/d. at
they may be the object of repair or improvement 41).
or other similar things;
2. inalienable, however, whenit is nerionger séeded } PE Shores =. portion of the land bordering the sea
for public use or service, it may. be declared as =~ and which is. subject to the ebb and flow of the
patrimonial property; ‘ _ waters (Id).
It cannot be acquired by Préscription;
It cannot be burdened with Easements; - Roadstéad™™ place less sheltered or enclosed
It is not subject to Attachment or:Executtion; and than a harbor (ld):
BR

It cannot be Registered-under the Property

Registration Decree or P.D."Noy 1529, and be-the Torrent - Amount “of water which in case of
subject of a Torrens Title (1d. at 43-44). heavy rain gathers®in deep places or canals
where it is suppéséd to flow afterwards (/d.).
If erroneously included in a Torrens Tite, the land
involved remains property of public dominion, The NOTE:
The, 16in “gorts” includes seaports and
character of public property is fot affected. by. ° airports. The MIAA? Airport Lands and Buildings
possession or even a Torrens Title in favor of private constitute’ a “port” constructed by the State.
persons (Palanca v. Commenweaith,:. GR. No. Under Aft. 420, the same are properties of public
46373, Jan. 29, 1940). . w dominion and thus owned by the State (MIAA v.
CA, GR. Na: “155650, July 20, 20086).
As a property of public dominion, the Roppongi fot is
outside the commerce of man. The fact that has not ‘Exampiés of “and others of . similar
been used for a long time does not automatically character”:
convert it to a patrimoniat property. The conversion a. Public streams, natural beds of rivers, river
happens only if the abandonment is definite and upon channels and water of rivers, creeks, and
a formal declaration on the part of the government to “esteros”,
withdraw it from public use (Laurel v. Garcia, G.R. No. b. Accretions to the shores of the sea by action
92013, July 25, 1950). - of the water;
c. Submerged lands and reclaimed lands;
WHO MAY DECLARE WITHDRAWAL
NOTE: The mere reclamation of certain
FROM PUBLIC USE foreshore land and submerged areas by a
Only ‘the Executive and possibly the Legislative government agency like the Public Estate
Departments have the authority and the power to Authority does not convert these inalienable
make the declaration that the lands so gained by natural resources of the State into alienable
action of the sea is not necessary for purposes of or disposable lands of the public domain. In
public utility or for the cause of establishment of the hands of the government agency tasked
special industries or for coast guard services and authorized to dispose of alienable and
{Natividad v. Director of Lands as cited in Monteverde disposable lands: of public domain, these
v. Director of Land, G.R. No. L- 4628, May 25, 1953). lands are still public, not private lands. There
must be a law or presidential proclamation
officially classifying these reclaimed lands as
 MEMORY AID
San Beda University College of Law - RGCT Bar Operations Canter

alienable or disposable and open to property of public dominion as one “infended for
disposition or concession {Chavez v. Public public use”. ven it the government collects toll
Estates Authority, G.R. No. 133250, May 6, fees, the road is still “intended for public use” if
2003; Chavez v. National Housing Authority, anyone can use it under the same terms and
G.R. No. 164527, August 15, 2007). conditions as the rest of the public (MIAA v. CA,
d. Lands that disappeared Into the sea by GR. No. 155650, July 20, 20006).
natural erosion due to the ebb and flow of the
tide; and DISTINCTION BETWEEN GOVERNMENT
e. Foreshore lands; when the sea moved
LANDS AND PUBLIC L ANDS
toward an estate and the tide invaded it, the
invaded property becomes foreshore land The term "government lands” is broader in scope. It
includes lands devoted to public use or service, as
and passes lo the realm of the public domain,
and accordingly cannot be a subject of a free
well as public lands before and after they are made
available for private appropriation and also
patent (Republic v. CA, G.R. No. 100708,
November 14, 1997). patrimonial lands. While “public land” is used to
describe much of the naticnal domain under the
legislative power of Congress as has not been
Foreshore Land - a strip of land that lies
subjected to private right or devoted to public use (DE
between the high and low water marks and
LEON, Property, supra at 45).
that is alternatively wet and dry according to
the flow of the tide (DE LEON, Property,
supra at 42). CONVERSION TO PATRIMONIAL
PROPERTY
De Facio Case of Eminent Domain oF There must be:
Natural Expropriation 1. Abandonment or non-use
It is the expropriation resulting from he 2 Affirmative act either on the part of the executive
actions of nature as in a case where land 5 jislative, to reclassify property of the
becomes part of the sea. The owner. loses dominion into patrimonial property.
his property in favor of the State without any
compensation (Republic v. CA, Morato, G.R: NOTE: If, however, public land will be classified
No. 100709, November 14, 1997). as neither agricultural, forest or timber, mineral or
national park,:or when public and is no longer
If a river is capable, in-its natural state, of intended fér public service or for the development
being used for commerce it is. navigable in of ithe. ational.» wealth, thereby effectively
fact and, therefore, becomes a public river tand from the ambit of public
(Taleon v. Secretary of Public Works, G.R. dominion, a declaration of such conversion must
No. L-24281, May 16, 1967). be made in the form of a law duly enacted by >
ongress or by a Presidential proclamation in
2. For Public Service : “cases where the President is duly authorized by ay
‘u
— may be used only by authorized persons. - law to that effect (Heirs of Malabanan vs
Republic, G.R. 179987, September 3, 2013). o.
All public buildings constructed by the State for
its offices and functionaries belong to this class Thus, until the Exscutive Department exercises ia
7
(Baguio Citizen's Action v. City Council, G.R. No. its prerogative to classify or reclassify lands, or
L-27247, April 20, 1983). until Congress or the President declares that the
State no longer intends the land to be used for
3. For the Development of National Wealth public service or for the development of national
GENERAL RULE: All natural resources belong wealth, the Regalian Doctrine is applicable (Heirs
to the State and are not subject to alienation of Malabanan vs Republic, G.R. 179987,
(CONST, Art. XII, Sec. 2). September 3, 2013).

EXCEPTION: Public agricultural land PROPERTY OF PRIVATE OWNERSHIP

Kinds:
NOTE: Defore public agricultural land is made 1. Property owned by the State and its political
available for disposition they are property of subdivisions in their private capacity and is
public domain fur the development of national known as patrimonial property (CIVIL CODE,
wealth. Arts, 421-424); and
2. Property belonging to private persons, either
The charging of fees to the public does not individually or collectively (CIVIL CODE, Ar.
determine the character of the property, whether 425).
it is of public dominion or not. Art. 420 defines
 PROPERTY
Civil Law

PATRIMONIAL PROPERTY OF THE d. Cannot be burdened by any voluntary

STATE easement (RABUYA, Property, (2008), p. 88-
89 (hereinafter RABUYA, Property]).
1. Property of the State owned in a private or
proprietary capacity; and
2. Patrimonial Property
2. Property of public dominion, when no longer
— all other properties possessed by LGUs
intended for public use or for public service, shall
including property for public service without
form part of the patrimonial property (CIVIL
prejudice to provisions of special laws; they may
CODE, Art. 422).
be alienated and acquired by others through
prescription. (2 PARAS, supra at 75).
NOTE: Article 422 is not seif-executing and
cannot be inferred from non-use alone. There
NOTE: When a property is owned by a political
must be a formal declaration by the executive or
subdivision in its public and governmental
possibly the legislative department that the
capacity, the Congress has absolute control. But
property of the State is no longer needed for
* public use or for public service before the same
if the property is owned in its private or
proprietary capacity, it is patrimonial and
can be classified as patrimonial or private
Congress has no absolute control. The
property of the State (Manila Lodge No. 767 v.
municipality cannot be deprived of it without due
CA, G.R. No. L-41001, September 30, 1976).
process and payment of just compensation
(Rabuco v. Villegas, G.R. No. L-24661, February
In Heirs of Mario -Malabanan vs Republic:-the™ —
Court held that patrimonial property of the State |
28. 1974).
may be acquired by prescription; iting AAricle iE
"Aft. 423 and, 424 speak of property for public use,
1113 of the Civil Code.
‘indicating thal property for public service is
«patrimonial, However, the Supreme Court, in
If the mode of acquisition is: SresiHilioh, whther Ea
ordinary or extraordinary, proof | that the'land has
Province. of -Zampoanga Del Norte v. City of
been already converted to ptivate ownership
Zamboanga categerically stated that “the Court is
not inclined: to hold: that municipal property held
prior to the requisite facquisitive prescriptive
“aiid devoted to public service is in the same
period is a condition sine qua non in observance
category as ordinary private property. The
of the law (CIVIL CODE, Arf 1113) that property
of the State not patrimanialin haracter. shall hot classification:of municipal property devoted for
distinctly: governmental purposes as public,
be the object of prescription.
“Under.the Law-of Municipal Corporations, should
prevail overthe Civil Code in this particular case.”
CHARACTERISTICS: (PD- 50) The Law’ of Municipal Corporations was
1. Patrimonial properties may be acquired. by considered as a special law in the context of Art.
private individuals or corporations through 424 of the Civil-Code (Province of Zamboanga
Prescription (CIVIL CODE, Art, 1113); “Del Norte v._.City of Zamboanga, G.R. No. L-
2. May be Disposed by the State; ) 24440, March 28, 1968).
3. it exists for the State to Support thé attainment of =
economic needs; and : Properties of public dominion devoted to public
4. It can be the object of ordinary Contract {DE use are outside the commerce of men and cannot
LEON, Property, supra at 46). be disposed of or leased by the LGU to private
persons. LGUs have no authority to control or
PROPERTY OF POLITICAL regulate the use of public properties, unless
SUBDIVISIONS specific authority is vested upon them by
Congress {(Macasiano v. Diokno, G.R. No.
1. Property for Public Use
97764, August 10, 1992).
- consists of roads, streets, squares, fountains,
public waters, promenades, and public works for
public service paid for by the LGUs; they cannot PROPERTY OF PRIVATE
be alienated and acquired by prescription (Id. at OWNERSHIP
50). Collective ownership includes co-ownership and
ownership by corporations, partnerships, and
NOTE: The enumeration in Ar. 424 is not other juridical entities which are allowed under
exclusive. the law to acquire and possess property of all
kinds (2 PARAS, supra at 76).
Characteristics: A possessory information inscribed in the
“a. OQutside the commerce of man; Registry of Property showing possession by
b. Cannot be acquired by prescription; private persons and their predecessors since
c. Not subject to attachment and execution; and time immemorial demonstrates prima facie that
 MEMORY AID
San Bada University Callage of Law - RGCT Bar Operations Center

the possessors of the land to which it refers are 2. Naked ownership (nuda proprietas)
the owners thereof (Querubin v. Alconcel, G.R. — the bare title to property; where the right to the
No. L-23050, September 18, 1975). use and fruits has been denied;

NOTE: Foreigners cannot acquire land in the 3. Beneficial ownership/Usufruct

Philippines except in case of hereditary ~ right to enjoy the use and fruits of a property;
succession (CONST. Art. Xi, Sec. 7). where the legal title is vested in another;
in case of unconstitutional purchase, foreigners
cannot make a claim for reimbursement of the NOTE: Naked ownership
value of purchased parcels of Philippine land. + Beneficial ownership
The Court cannot, even on the grounds of equity, = Full ownership
grant reimbursement to the foreigner given that
he acquired no right whatsoever over the subject 4. Sole Ownership
properties by virtue of its unconstitutional — one where the ownership is vested in only one
purchase. i is well-established that equity as a person; and i
rule will follow the law and will not permit that to i
be done indirectly which, because of public 5. Co-ownership
policy, cannot be done directly (Beumer v. — when the ownership is vested in two or more
Amores, G.R. No. 195670, December 3, 2012). persons {DE LEON, Property, supra at 76).

- SUBJECT MATTER
OWNERSHIP . Ownership may be exercised over a:
+4. Thing
(ARTS. 427-437) - Usually refers.to a corporeal property; or

~ Whether, eal or personal, usually refers to an

It is the independent and general right of. a person to: incorporgal property (CIVIL CODE, Art. 427).
control a thing particularly in his possession,
enjoyment, disposition, and recovery, subject to no RIGHT AS PROPERTY:
restrictions, except those imposed by the State or.
1. A real right or jus in re
private persons, without prejudice: to the provisions of
Aterest belonging to a person
the law (2 PARAS, supra at 83).
over ‘a'specific thing without a definite passive
net legal
subject against whom such right may be
Ownership and possession are two
ersonally enforced (DE LEON, Property, supra

grec
concepts (Garcia v. CA, G.R. No. 133140, August 10,
1999).
Classification of Real Rights Based on
NOTE: Homeowners’ Association can owh properties
Dominion:
termed as “Common Areas” under the "Magna Carta a. Domino pleno — the powers to enjoy and
for Homeowners and Homeowners’ Associations". civ. §
dispose are united (e.g, dominion;
These properties include, but are not limited to.
possession; and hereditary right);
roads, parks, playgrounds, and open spaces as
b. Domino menos plenc — the powers to enjo! .
provided in Presidential Decree No. 1216. (R.A. No. and to dispose are separated (e.g., surface 8
9904, Sec. 3(f)).
right; and usufruct), and
c. Domino limitado — the powers to enjoy and t
“OPEN SPACES,” DEFINED dispose, though united, are limited by a charge
Area reserved exclusively for parks, playgrounds, (e.g. easement, tax), by a guaranty (e.g.
recreational uses, schools, roads, places of worship, mortgage, pledge), or by a privilege (e.g. pre-
hospitals, health centers, barangay centers and other emption, redemption, lease record) (Id. at 4).
similar facilities and amenities (P.D. No. 1216, Sec.
1). 2. A personal right or jus in personam or jus
ad rem or right of obligation
KINDS OF OWNERSHIP: — ig the right or power of a person {creditor or
1. Full ownership (dominium or jus in re obligee) to demand from another (debtor or
propria) obligor) as a definite passive subject, the
— includes all the rights of an owner, fulfiliment of the latter's obligation (/d. at 5).
 PROPERTY
Civil Law

REAL RIGHTS V. PERSONAL RIGHTS

to real actions (action in against a particular

rem) against third | person (the
persons. debtor), giving rise
to personal actions
There is a definite active There is a definite (action in
subject who has a right active subject personam) against
against all persons (creditor) and a such.debtor.
generally as an indefinite definite passive
(ld. at 5-6).
passive subject. subject (debtor).
MODES OF ACQUIRING OWNERSHIP
1. Original Modes °
The object is generally a it is always an a. Occupation
corporeal thing {objects incorporeal thing. b. Work which includes Intellectual creation
which can be seen or . Derivative Modes
touched). Law

oe nT o
Tradition
Donation
Prescription
He generally acts He acts indirectly : Succession «(DE LEON, Property supra at
directly. through -7 the
580).
promise | of ‘the
: oblig
NOTE: “Original nodes of acquiring ownership
pertains to those independent of any pre-existing
right of another person while derivative modes are
"those based oni pre-existing right held by another
Created by concurrence Created merely by person. Moreover,’ derivative modes are modes both
of a title and a mode of . “title” for the acquisition and for transmission of ownership
acquisition and Other real rights { at 591).
Note: Mode is the’ . Note; Title. is. the .
specific cause which juridical right which SEVEN. ATTRIBUTES OF OWNERSHIP
produces dominion and gives & means to: (PUF-A2-DV):
other real rights as a the acquisition. of
result of the co-existence [such] “rights
1 Jus Possidendi
— The right to possess; it is different from
of special status of (Spouses_« )
~-ownership’ udgment of ownership does not
things, capacity, x x x Stilianepoulos. ~ v.
inchide the right to possess except when claim of
intention of person and Register “of Deeds
i possession is based upon the claim of
[the] fulfillment of the for Legazpi Gity,
“"ownership) (Id. at 80);
requisites of law G.R. No. 224678,
(Spouses Stilianopoulos July 3, 2018).
v. Register of Deeds for Jus Utendi
Legazpi City, G.R. No. — The right to use and enjoy; it may also include
224678, July 3, 2018). the right to exclude any person from enjoyment
and disposal of the thing (relate to CIVIL CODE,
Arts. 429 and 431),

Generally, it is Personal right Jus Fruendi

extinguished by the loss survives the — The right to enjoy the fruits (natural, industrial,
g or destruction of the thing subject matter. and civil); possessor in good faith (CIVIL CODE,
: over which it is Art. 544), usufructuary (CIVIL CODE, Ant. 566),
exercised lessee of agricultural land (CIVIL. CODE, Ar.
1676), and antichretic creditor (CIVIL CODE, Art.
432) are entitled to the fruits even if they are not
the owner;

It is directed against the It is binding or

whole world, giving rise enforceable only |-
 EOP Seri

MEMORY AID
San Beda University College of Law ~ RGCY Bor Operations Centar

4. Jus Accessionis acquire real property needed as right-of-way site

- The right to accessories, the general rule is that or location for any national government
all accessions and accessories are included in infrastructure project through donation,
the obligation to deliver a determinate thing negotiated sale, expropriation,
or any other mode
although they may not have been mentioned of acquisition as provided by law (R.A. No.
(CIVIL CODE, Art. 1168); 10752, Sec. 4).

5. Jus Abutendi Limitations imposed by the Owner himself;

— The right to abuse (or even destroy) or to Lo
consume a thing by its use, subject to the Specific limitations imposed by law ~
provisions of law (e.g. disposition of wealth tc the - e.g. legal easement and non-impairment of
prejudice of others); legitime in succession;

6. Jus Disponendj Inherent limitations arising from conflict with

_ includes the following: rights (DATE-Not): other rights such as those which take place in
a. To Destroy; accession continua;_and
b. To Alienate; Co . mm
c. To Transform: Limitations imposed by the Party transmitting the
d. To Encumber; and property “either by contract or by will (2
e. Notto dispose. TOLENTINO, supra at 59).

7. Jus Vindicandi
- right of action against the holder and possessor
of the thing or right in order to recover it (DE
LEON, Property, supra at 84).

CHARACTERISTICS: (EG-PIE)
1. Elastic }
~ powerls may be reduced and thereafter
automatically recovered upon. the ‘cessation of
the limiting rights;

2. General
— the right to make use of ail the possibilities of
utility of the thing owned, except these attached
to other real rights existing thereon;

3. Perpetual
— ownership lasts as long as the thing exists. It
cannot be extinguished by non-use but only by
adverse possession;
4. Independent
— it exists without necessity of any other right;

5. Exclusive
— there can only be one ownership over a thing
at a time; there may be two or more owners but
only one ownership) (2 TOLENTINO, Civil Code
of the Philippines, Volume Hl, (1992), p. 59
[hereinafter 2 TOLENTINQ)).

- LIMITATIONS: {GOSIP)
1. General limitations imposed by the State for its
henafit
oeneiil
— power of taxation, police power, and power of
eminent domain;

NOTE: Under RA, No. 10752, otherwise known

as “The Right-of-Way Act”, the government may
 PROPERTY
Civil Law

LEGAL REMEDIES TO RECOVER POSSESSION OF

PROPERTY

A remedy for the recovery of Physical RTC or MTC Four (4) years (if
possession of personal Possession possession in good
property which is governed If the value of the faith) from the time
by Rule 60 of the Rules of personal propertythe possession
Court. does exceed thereof was lost
not
1. As a form of principal P300,000.00 (or
remedy -— to regain P400,000.00 in Metro Eight ®) years
possession Manila) - MTC "Hwithout other
2. As a form of provisional] conditions) (CIVIL
remedy — to retain’ what [ir the value of the CODE, An. 1132)
has been wrongfully personal property from the time the
detained pendente tite. 1 exteeds R300,000.00 possession thereof
{or P400,000.00 in was lost
Replevin wil not ii for "| Metio Manila) RTC
property iri ctistodia. legis ie
(Chua v. CAS G.R. No.
79021, ‘Ma 1993).

. Accion A summary, action to

Interdictal recover physital or hateral [TT 1
(Ejectment possession of property”
Suit) 5 ks o :
a.Forcible An action. for recovery, of { Possession Tuer rospestive of | One (1) year from the
Entry material possession |de facto’: -[the’ amount of { date of actual entry on
(detentacion) | (possession de. facto).of real] = ~Idamages “or unpaid{the land when entry
property when ~a person . jrentalg-sought to be was made through
originally in possession was 5 [recovered force, intimidation,
deprived thereof by Force, strategy, or threat
intimidation, Strategy. Co
Threat, or Stealth (FISTS). One (1) year from
discovery when entry
Reason: Irrespective of the was made through
actual condition of the title to stealth
the property, the party in
peaceable quiet possession
shall not be turned out by
strong hand, violence, or
terror (Javier v. Veridiano,
G.R. No. L-48050, October
10, 1994).

Actual possessors who can

prove prior possession can
recover such possession
even against the owner
himself. Whatever may be
MEMORY AID
San Beda University Collage of Law - RGCT Bar Operations Center

the character of such

possession, if he has in his
favor priority in time, he has
the security that entitles him
to remain on the property
until he is tawfully ejected by
a person having a betler
right by accion publiciana or
accion reinvindicatoria
(German Management &
Services v. CA, G.R. No. L-
76216, September 14,
1989).
b. Unlawful An action for recovery of Possession MTC One (1) year from the
detainer possession of any real de facto date of last demand te
{desahuico) property by a landlord, vacate
vendor, vendee, or other
person, against whom the if there is a fixed
possession of the same was period for termination
unlawfully withheld, after the of the lease, lease
expiration or termination of} ends automatically
the right to hold possession.’ without need of
demand, one year
A requisite for a valid cause period is reckoned
of action in an unlawful from the expiration of
detainer case is | that the lease (2 PARAS,
possession ~~ must i be supra at 109).
originally lawful, and. such
possession must © have if the reason for
gjectment is non-
payment of rent or
possess (Eversley.. non-fulfiiment of the
Sanitarium v..8p conditions of the
Perlabarbarona, ~ G.R. No. lease, one year period
195814, April 4,%.-2018). is reckoned from the
Without proof that thel’ date of demand to
possession was legal at the vacate (/d.).
outset, the action’ for
unlawful detainer shall be
dismissed (Javelosa v.
Tapus, G.R. No. 204361,
July 4, 2018).

A person or squatter, who

occupies the land of another
at the latter's tolerance or
permission, without any
contract between them, is
necessarily bound by an
implied promise that he will
vacate upon demand; falling
which, a summary action for
gjectment or unlawful
detainer is the proper
remedy against him (Yu v.
de Lara, G.R. No. L-16084,
November 30, 1962).
 PROPERTY
Civil Law

NOTE: An action for

unlawful detainer is
summary in nature and the
only issue that needs to be
resolved is who is entitled to
physical possession of the
premises, possession
referring to possession de
facto, and not possession de
jure. Nonetheless, where the
parties to an ejectment case
raise the issue of ownership
and such is inseparably
linked to that of possession,
the courts may pass upon
that issue to determine who|
between the parties has the _.
better right to possess-the
property. The adjudication: of
the ownership issue’ |
however, isnot final, afd
binding. The same; is. only for
the purpose’ of tesolving the }-
issue of "+ possession
(Baleares, Boleares v.
Espantd,” G.R; Na. 229645,
June 6, 2015);

it does. fiot even fatter if a

party's title, to the property | is
questionable: ‘Where the
parties to an ejectment case 5
raise the issue of ownership,
the courts’ ‘may pass, upon
that issue to ‘determing who | |
between the parties has the
better right to possess the
property (Spouses Sahtiago
v. Northbay Knitting Inc.|
(NKi), G.R. No. 217296,
October 11, 2017).
2. Accion An ordinary civil proceeding Possession RTC or MTC Ten (10) years from
Publiciana to recover possession of real de Jure the time the cause of
property when the If the assessed value action arase
dispossession was of the real property
committed: does not exceed
1. Where the entry was not £20,000.00 {or
obtained through FISTS P50,000.00 in Metro
or failure to state that Manila)
- MTC
deprivation was caused
by FISTS. This can be If the assessed value
brought as soon as the of the real property
dispossession takes exceeds P20,000.00
place, without waiting for (or -P50,000.00 in
the lapse of the one (1) Metro Manila) - RTC
year period {Gutierrez v.
 MEMORY AID
San Beda University Collage of Law - RGCT Bar Operations Center

Rosario, G.R. No. 4145, NOTE: Jurisdiction is

January 28, 1910; determined not only
Gumiran v. Gumiran, by the type of action
G.R. No. 6364, January filed but also by the
11, 1912); or assessed value of the
2. Where the. one-year property. In accion
period for bringing publiciana and
forcible entry or unlawful reinvindiatoria, the
detainer has aiready assessed value of the
expired. real property is a
jurisdictional element
to determine the court
that could take
cognizance of the
action. In the absence
of any allegation in the
Complaint of the
assessed value of the
subject properties, it
cannot be determined
which court has
exclusive original
over

No. :n,
December.13, 2017).
3. Accion An action Io recover real Four (4) years if
Reinvindica- property ..x:-based™ on based on fraud from
toria ownership: = the issuance of
certificate of title over
P20,000.00 (or the property
50,000.00 in Metro pm
Menila) - MTC Ten (10) years if
oe
based on implied or Ld
If the assessed value constructive trust CR
of the real property Q-
exceeds P20,000.00 Imprescriptible
{or P50,000.00 in when plaintiff is in 5 Pe 2
Metro Manila) - RTC possession of the
property.
NOTE: Under RA
115676 (Effective on
August 20, 2021), the
jurisdiction of METC,
MTC, MCTC, MTCC
will be further
expanded. The RTC
shall exercise
exclusive jurisdiction
in all civi actions
involving the title to, or
possession of, real
property valued at
P400,000, from the
 PROPERTY
Civil Law

previous P20,000 to
P50,000.

1. Writ of | Writ of execution commanding | Court where the | tmprescriptible

Possession the sheriff to enter into the fand | tase is-pending
and give the possessidr: thereof | oT
to the entitled poreon dd

2. Writ of | Injunction requiring” - the [ Court whore the 19 days from filing in case of
Preliminary defendant to, dé optefrain from |:case of unlawful forcible entry
Injunction © | detairier or forcible]:
{entry is pending. 10. days from the time the appeal
ET ¢ {ls tperfected in case of unlawful
:detainer
 MEMORY AID
San Beda University Collage of Lew - RECT Bar Operations Center

FORCIBLE ENTRY V. thing in order lo recover iL” Moreover “every

possessor has a right to be respected in his
UNLAWFUL DETAINER
possession, and should he be disturbed therein,
he shall be protectéd in or restored to said
possession by the means established by the laws
and the Rules of Court.” (CIVIL CODE, Art. 539,
Par. 1; 2 PARAS, supra at 89).

Possession of the Possession is

inceptively lawful, but 2. Right to Enjoy; and
defendant is unlawful
becomes illegal from The right to enjoy includes:
from the beginning as
a. The right to possess;
he acquires possession. the time the defendant
b. The right to use; and
by Force, Intimidation, unlawfully withholds
possession, after the c.. The right to the fruits (fd. at 89).
Strategy, Threat or
Stealth (FISTS). expiration or
termination of his right 3. Right to Dispose
thereto. The right to dispose includes:
a. The right to consume, destroy, or abuse; and
b. The right to encumber or alienate (/d.)

No previous demand for Demand is . PRINCIPLE OF SELF-HELP UNDER

the defendant to vacate jurisdictional. ARTICLE 429
is necessary.
EXCEPTION: if there ds |. The owner or lawful possessor of a thing has the right
a fixed period for the | >to exclude any person from the enjoyment and
termination of the leags, “dis gsal thereof. For this purpose, he may use such
demand is unnecessary
(2 PARAS, Supra at prevent an actual or threatened unlawful physical
109). B 4 invasion or usurpation of his property (CiVIL CODE,
A429). & oz

Plaintiff must prove that Plaintiff need ‘Hot have possessor is the person who will
he was in prior physical been in, prior physical
possession of the POSSESSION. Actual or threateried physical invasion or
premises until he was sisurpation; and
deprived thereof by the ‘Delay in one's exercise (i.e, at the time of an

prs
defendant. ) actual or threatened dispossession, or ww.
immediately after the dispossession). Once delay a.
has taken place, even if excusable, the owner or
lawful! possessor must resort to judicial process SN » of
for the recovery of the property (CIVIL CODE,
From the date of actual From the date of last
Arts. 433 and 536, DE LEON, Property, supra at
entry on the land when demand or last letter of 105).
entry was made through demand
force, intimidation, GENERAL RULE: A pearson cannot interfere with the
strategy, or threat In case of a lease with a
right of ownership of another (DE LEON, Property,
fixed period, the one- supra at 112).
From discovery when year period is reckoned
entry was made through from the expiration of EXCEPTION: Doctrine of Incomplete Privilege or
stealth the lease. State of Necessity (C/VIL CODE, Art. 432).
(RULES OF COURT, Rule 70).
NOTE: Art. 11 of the Revised Penal Code on seif-
RIGHTS OF AN OWNER UNDER ARTICLE defense includes not only defense to a man’s person,
tay sb mbes Haat oF hic ricbyte tn nronort
428: (RED) DU aisO nal Of Nis TigNnis 10 property.

1. Right to Recover or vindicate; Acts in a state of necessity are different from defense
The right to recover is given expressly in Art. 428 against unlawful aggression or defense against
which provides that “the owner has also a right of dangerous objects, although the principle which
action against the holder and possessor of the
 PROPERTY
Civil Law

justifies them is the same. If the danger comes from RIGHT TO ENCLOSE OR FENCE
another's property, and the force is employed against
Every owner may enclose or fence his land or
it, the case is one of defense against danger. But if
tenements by means of walls, ditches, live or dead
another's property is used to avert danger not arising
hedges, or by any other means without detriment to
from it, the act is essentially one in a state of
servitudes constituted thereon (CIVIL CODE, Art.
necessity; in other words, it is for the purpose or
430).
protecting the actor himself or another person at the
expense of the owner of the property who has no part
Every owner has an absolute right over his property
in the state of necessity (2 TOLENTINO, supra at 68).
and his act of fencing and enclosing the same was an
act which he may lawfully perform in the exercise of
The actual invasion of property may consist of:
said right. Thus, damages arising from the act of the
1. Mere disturbance of possession; or
owner in building a fence within the latter's lot is
2. Real dispossession (/d.).
considered damnum absque injuria, since it is the
owner's legal right to do so (Custodio v. CA, G.R. No.
The rules are:
116100, February 9, 1996).
a. Ifitis mere disturbance of possession, force may-
be used against it at any time as long as it
continues, even beyond the prescriptive period OBLIGATION TO RESPECT THE RIGHTS
for an action of forcible entry (e.g. if a ditch is OF OTHERS
opened by P in the land of J, the latter may close The owner of a thing cannot make use thereof in such
itor cover it by force at any time) (/d. at. 54)" mariner, as to injure the rights of a third person (sic
vtere two it, glienum non laedas) (CIVIL CODE, Art. ~
.b. If it consists of a real dispossession;, force to... Les 431).
regain possession - can only be used
immediately after the dispossession: {e, Guid Adjoini gs landowners have mutual and reciprocal
without P’s permission, picks “4p -2 book duties’ which require that each must use his own land
belonging to the latter and ruts, off with it, P can ira reasonable manner, so as not to infringe upon
pursue J and recover the book by force) (/d.). the rightsiand interests of others. The structures must
“beso vonstructed and maintained using all
3. There should be no delay inthe use of force to reasonable care $0 that they cannot be dangerous to
recover it; a delay, even if excusable; such. as adjoining’ tandowhers. and can withstand the usual
when due to the ignorance. of the dispossession; ~and expécted forges of nature. If the structures cause
will bar the right fo the use-of force. Onde the" injury or damage’ o.an ‘atljoining landowner or a third
usurper's possession has become “firm by the person, ‘the latter can claim indemnification for the
lapse of time, the lawful possessor must resort to injury or ‘damage suffered (Andamo v. IAC, G.R. Ne.
the competent authority to recover his property. i 74761, November 6, 1990).
(ld).
= ‘An owner cannot be debarred from the legitimate use
Where a tenant is given a “ertain “period to. of Hig properly ‘simply because it may cause real
vacate, the act of the owner in“dragging the damage to_his neighbor (Higgins Oil & Fuel Co. v.
tenant away is not justified under Art. 429. During Guaranty Oil Co., 145 Ja 233, 82 So. 206, as cited in
said period, the tenant is considered a lawful <2" TOLENTINO, supra at 67).
possessor (Caisip v. People, G.R. No. L-28716,
November 18, 1970). DOCTRINE OF INCOMPLETE PRIVILEGE
OR STATE OF NECESSITY
However, in another criminal case, wherein a
private corporation sought to take over a land by The owner of a thing has no right to prohibit the
fencing the same without authority or court order, interference of another with the same, if the
the Court sustained the use of force under Art. interference is necessary to avert an imminent
429. In said case, the owner of the land fought off danger and the threatened damage, compared to the
and prevented the workers from constructing the damage arising to the owner from the interference, is
fence. The Supreme Court acquitted the owner much greater (CIVIL CODE, Art. 432).
holding that the use of such necessary force to
protect proprietary or possessory rights It authorizes the destruction of a property which is
constitutes a justifying circumstance under the lesser in value to avert the danger poised to another.
penal laws (People v. Pletcha, G.R. No. 19028, property, the value of which is much greater (2
June 27, 1977). PARAS, supra at 150-151). :
 MEMORY AID
San Bada University College of Law - RGCT Bar Operations Center

BASIS: There is no unlawful aggression when a ACTIONS TO RECOVER

person or group of person acts pursuant to the right In an action to recover, the property must be
given in a state of necessity (DE LEON, Property, identified, and the plaintiff must rely on the strength
supra at 105). of his title and not on the weakness of the defendant's
claim (CIVIL CODE, Art. 434). The person who claims
Art. 432 is based on what is known as the state of that he has better right to the properly must
necessity, a justifying circumstance recognized in the satisfactorily prove both ownership and identity of the
Revised Penal Code (Art. 11) but which does not also same (Pang-oden v. Leonen, G.R. No. 138939,
exempt the offender from civil liability. It likewise December 6, 2006).
embodies the principle of "the least evil” rule, i.e., that
as between two evils, one is justified in choosing the REQUISITES: (IT)
lesser evil (/d.). Proof of identity of the Property
He must fix the identity of the land claimed by
NOTE: It is also for the purpose of protecting the describing the location, area, and boundaries
actor himself or another person at the expense of the thereof.
owner of the property who has no part in the state of
necessity (/d.). Failure to prove the boundaries of the land — the
action to recover will necessarily fail (Santiago v.
The owner of the sacrificial properly is obliged to Santos, G.R. No. L-20241, November 22, 1974).
tolerate the act of destruction but is entitled to
reimbursement by all those who benefited through 2. Proof of Title
the act or event (CIVIL CODE, Art. 432). in an action to recover, the plaintiff must rely on
the strength of his title and not on the weakness
Basis of Reimbursement: the benefit derived from. of the defendant's claim (CIVIL CODE, Art. 434).
the act.
successfully maintain actions for
Requisites: (ID) f ownership of a real property, the
1 Interference necessary to avert an imminent and complainants must prove the identity of the land
threatened danger to the actor or a thirg person; and theif title thereto as provided under Article
and 434 of fhe Civil Code. They have the burden of
2. Darnage to another is much greater than damage proof to establish the averments in the complaint
to property (DE LEON, Property, supia at 109). ~ by preponderance of evidence, relying on the
gi own evidence and not upon the
Nustrations: The attacking animal, belonging to 4Heir opponent's evidence (Arjonilio
another, may be killed by the victim: a héuse in the Vv. Pagulayan, G.R. No. 196074, October 4,
path of a fire may be demolished; and a dike ‘may be
destroyed at one point to prevent a flood over other
2017).
places (2 TOLENTINOQ, supra at 68).
a. There is a possibility that neither the plaintiff
DOCTRINE OF SELF-HELP VS. STATE nor the defendant is the true owner of the
OF NECESSITY property;
The doctrine of self-help is invoked by the owner or b. The ane in possession is presumed to be the
lawful possessor in protection of his right to prevent ’ owner, and he cannot be obliged to show or
other persons from interfering with his property. The prove a better title;
state of necessity, on the other hand, is availed of by c. The possessor in the concept of an owner is
another person against someone else’s property for presumed to be in good faith; and
the purpose of averting an imminent danger to d. He who refies on the existence of a fact,
himself or to another person or to their property should prove that fact (2 PARAS, supra at
(RABUYA, Property, supra at 134). 152-153).

DISPUTABLE PRESUMPTION OF RULE ON THE DEPRIVATION OF

‘OWNERSHIP PROPERTY
Actual possession under claim of ownership raises a If the deprivation is in the exercise of the power of
disputable presumption of ownership. The true owner eminent domain, no person shall be deprived of his
must resort to judicial process for the recovery of the property except by
b competent authority and for public
property (CIVIL CODE, Art. 433). use and always upon payment of just compensation
(CIVIL CODE, Art. 435).
 PROPERTY
Civil Law

The ownership of the. propertyis transferred upon enjoyment, and it is extinguished beyond such limit
payment. If conditional, ownership reverts to the as there would be no more interest protected by law
original owner when the property is no longer needed (National Power Corp. v. tbrahim, G.R.-No. 168732,
for the purpose for which it was expropriated (DE June 28, 2007).
LEON, Property, supra at 121).
Restrictions: (S?0RP)
When any property is condemned or seized by 1. Servitudes or easements;
competent authority in the interest of health, safety, 2. Special laws;
or security, the owner thereof shall not be entitled to 3. Ordinances;
compensation, unless he can show that such 4. Reasonable Requirements of aerial navigation;
condemnation or seizure is unjustified (CIVIL CODE, and
Art. 436). 5. Principles on human relations or rights of third
persons (2 PARAS, supra at 196).
SURFACE RIGHTS
The owner of a parcel of land is the owner
surface and everything under it, and he can construct
of its
HIDDEN TREASURE
thereon any works or make any plantations and
excavations which he may deem proper, without
(ARTS. 438-439)
detriment to servitudes and subject to special taws
and ordinances (CIVIL CODE, Art. 437).
REQUISITES FOR THE PROPERTY TO
NOTE: Horizontally: extends up to the boundaries
BE CONSIDERED HIDDEN TREASURE
(RABUYA, Property, supra at 142).5 E
(HU-MoJO-L):
Vertically: extends below the sufface ‘and above it to 1. "Hidden.and Unknown deposit (such thatfinding it
the extent required by the edonomic’ interest of or would indeed be a discovery);
utility to the owner, in relation to the Sxplofation that 2. It consists of Monéy, Jewelry, or Other precious
may be made of the property fd). d objects; and. :

NOTE: Following the Doctring © of Ad: Coletim, NOTE: The phrase, “other precious objects” does
ownership of land extends to.the surface as well as “not include propérty embedded to the soil like
to the subsoil under ft. Hence, building of minefals (fd. at 206):
underground tunnels by a’ government: ‘agency
entitles the owner of the lando just Gomperisation as 3. Their Lawfdl ownership does not appear (CIVIL
the sub-terrain portion of the property’ similarly : CODE, Arts. 438 and 439).
belongs to him (National Power Corp v. Iorahin, G RR.
No. 168732, June 29, 2007). GENERAL RULE: The hidden treasure belongs to
the owner ofthe fand, building, or other property on
Airspace: The owner cannot complain’ of: the ) which . Is found (CIVIL CODE, Arts. 438).
reasonable requirements of aerial navigation (ci
CODE, Art. 437). EXCEPTIONS: The finder is entitled to one-half (12),
provided (AS-C-CoTAM):
Right to sub-surface: The rights over the land are 1. Discovery was made on the property of Another,
indivisible and the land itself cannot be haif- or of the State or any of its political subdivisions;
agricultural and half-mineral. The classification must 2. The finding was made by Chance;
be categorical — the land must be either completely 3. The finder is not a Co-owner of the property
mineral or completely agricultural. In the instant where it is found;
case, the land which was originally classified as forest The finder is not a Trespasser;
The finder is not an Agent of the landowner; and
oo

land ceased to be so and became mineral — and

completely mineral — once the mining claims were The finder is not Married under the absolute
perfected. As long as mining operations were being community or the conjugal partnership system
undertaken thereon, or underneath, it did not cease (otherwise his share belongs to the community)
to be so and become agricultural, even if only partly (2 PARAS, supra at 201-203).
so, because it was enclosed with a fence and was
cultivated by those who were unlawfully occupying It is necessary that no known owner appears.
the surface (Republic v. CA, Dela Rosa, G.R. No. L- "Hence, the money found in a library, when the books
43938, April 15, 1988). were delivered to the legatees in a testamentary
proceeding, could not be considered a treasure
The landowner’s right extends to such height or depth because it was shown that the library had been used
where it is possible for them to obtain such benefit or by the testator and that money consisted, in greater
MEMORY AID
San Beda University Collage of Law - RGCT 8ar Operations Center

part, of this kind in circulation during the life of the

testator” (1 CAPISTRANO 394).
The right by virtue of which the owner of a thing
“And by chance” - “by good luck,” implying that one becomes the owner of everything that is produced
who intentionally looks for the treasure is embraced thereby or which is incorporated or attached thereto,
in the provision (DE LEON, Property, supra at 134). either naturally or artificially (CIVIL CODE, Art. 440).

REASON: 1t is extremely difficult to find hidden In general, the right of accession is automatic,
treasure without looking for it deliberately, for in many requiring no prior act on the part of the owner of the
instances, the treasure is buried (2 PARAS, supra at principal (Arriola v Arriola, G.R. No. 177703, January
202). 28, 2008).
Stranger -- anyone who has absolutely ne right over Art. 440 does not apply to properly of public domain
the immovable or the thing in which the treasure i$ (Sps. Gulla v. Heirs of Labrador, G.R. No. 149418,
found. The term also includes a lessee, a July 27, 2006).
usufructuary, or a paid laborer working for the owner
of the land, provided he has not been engaged Accession is not a mode of acquiring ownership. It is
precisely to look for hidden treasure (2 TOLENTINQ, merely an incidence or consequence of ownership
Civil Code, supra at 94). (DE LEON, Property, supra at 137).

In case of a usufructuary, he shall be considered a . BASIS: It presupposes a previously existing

stranger with respect to hidden treasure which may .- ownership by the owner over the principal which is
be found on the land or tenement (CIVIL CODE, Art. not necessary in modes of acquiring ownership (/d.).
566). This means that the usufructuary does not got
a share. However, if he is the finder, he gets one-half
(¥2) as such finder.

If the finder is a paid laborer of the landowner, a

distinction must be made. If he discovered the <=
property by chance, he gets half. If he had been The fruits + oof, or Things joined to or
employed precisely to look for the trgasure, hewill get additions: :to,: or included with the
nothing insofar as the treasure is concerned; but he improvements upon, a principal thing for the
will get his wages or salary (3 MANRESA at. 165- 166 things (pringipal);: jatter’'s embellishment,
as cited in 2 PARAS, supra at 198). better use, or
completion.
Where things discovered do not quality as a hidden
treasure, the rules on occupation, as:a mode of
acquiring ownership, would be. ‘applicable
(DE LEON, Property, supra at 135). k ot necessary to the H must go together with
principal thing. the principal.
if the finder or owner of the property where the (id at 134).
treasure is found is a married person, the treasure
forms part of the conjugal property (FAMILY CODE,
CLASSIFICATIONS:
Art. 117(4)).
1. Accession Discreta
Effect of Concealment — the right pertaining to the owner of a thing over
If the finder of the treasure conceals it from the owner everything produced thereby (Id. at 138).
of the land on which it is found, he does not thereby
lose his share; but he becomes liable civilly and REASON: Justice, pure and simple for one who
criminally for taking something not belonging to him, owns the thing should justly enjoy the fruits (/d.).
which is the share of the landowner. He will also be
responsible for all the consequences of possession in Requisites: (OR!)
bad faith with respect to the loss or deterioration of a. Increase or addition to the Original thing;
the thing (2 TOLENTINO, supra at 95)- b. AtRepeated intervals; and
c. By Inherent forces (/d.).

Fruits
ACCESSION Kinds of Fruits:
a. Natural Fruits
(ARTS. 440-475) i. Spontaneous products of the soil; and
 PROPERTY
Civil Law

iil. The young and other products of animals

(CIVIL CODE, Art. 442, Par. 1). NOTE: Fruits naturally falling upon adjacent land
belong to the owner of the said land and not to
Rule of Partus Sequitur Ventrem (the the owner of the tree.
offspring follows the dam/mother):
To the owner of the female animals also Obligation of Recipient of Fruits to Reimburse
belong the young of such animals, although Necessary Expenses of Third Persons
this right is lost when the owner mixes his GENERAL RULE: Necessary (not luxurious)
cattle with those of another (DE LEON, expenses of production, gathering and
Property, supra at 140). preservation (whether more or less than the
vaiue of the fruits) must be borne by the receiver
REASON: First, it is not known who the male of the fruits (CIVIL CODE, Art. 443).
is. Second, during the pregnancy of the
female, its owner is greatly burdened by the Applies where:
consequential expenses and virtual a. The owner of the property recovers the same
uselessness of the animal, and it is only fair from a possessor and the latter has not yet
that when the young is born, the owner received the fruits although they may have
should gain, or at least recover his loss (ld. already been gathered or harvested; or
at 140-141). b. The possessor had already received the
fruits but is ordered to return the same to the
b. Industrial Fruits “owner (DE LEON, Properly, supra at 143).
— those produced by lands ef any, king *
through cultivation or labor: fei CODE, ee ’ NOTE=The above provision is not applicable
Art. 442, Par. 2). . when the-planter is in good faith because in
this-case, he is entitled to the fruits already
Perennial craps growing: per season without “reckived; hence, there is no necessity of
the need of replanting are natural. fruits (DE reimbursing him (CIVIL CODE, Art. 544).
LEON, Property, supra at 141 ).
“NOTE: The good or bad faith of the
Annual crops planted gach year are industrial possessor is material where the fruits are still
fruits (/d.})." : : . pending (ungathered) at the time he gave up
is possession. In any case, Art. 443 should
c. Civil Fruits 7 be'read jh.conngction with Articles 544 to 551
i. Rents of buildings; {DE LEON, Property, supra at 144).
ii. Price of leases of lands; and
iii. The amount of perpetual or life annuities. EE "A possessor in bad faith has no right
or other similar intome (ci CODE, cL whatsoever fo the fruits, gathered or pending,
Art. 442, Par. 3). Except only necessary expenses for
: gathered fruits (Id. at 389).
Bonus to planters for the risk ‘undergone in
mortgaging property is not a civil fruit of the . EXCEPTION: The rule does not apply to
mortgaged property having no immedigte pending fruits under Art. 449.
relation to the property but only a remote and
accidental relation, not derived from the land When Natural Fruits and Industrial Fruits
nor basedon the value thereof (Bachrach Deemed to Exist (CIVIL CODE, Art. 444)
Motor Co. v. Talisay-Silay Milling Co., G.R. Natural and industrial fruits, while still
No. 35223, September 17, 1931). ungathered, are real property. The following rules
shalt apply in determining the time when they are
Right of Owner to the Fruits deemed to have existed:
GENERAL RULE: To the owner of the principal a. Plants producing one crop only and then
belongs the natural, industrial, and civil fruits perish — They are deemed to have existed
(CIVIL CODE, Art. 441). from the time their seedlings appear from the
ground;
EXCEPTIONS: Instances when the owner of the b. Plants and trees living for years and
land does not own the fruits: (PULA) producing periodic fruits — They are
a. Possessor in good faith; deemed to have existed from the time they
b. Usufructuary; actually appeared on the plants or trees;
c. Lessee of rural lands; or c. Animals —- They are deemed to have existed
d. In possession of an Antichretic creditor (2 at the beginning of the maximum period of
PARAS, supra at 208). gestation; and
MEMORY AID
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d. Fowls — the fact of appearance retroact to

the beginning of incubation (/d. at 145). RIGHT OF ACCESSION
Rule for Civil Fruits as Distinguished from WITH RESPECT TO REAL
Natural and Industrial Fruits
Civil fruits are easily prorated for under Art. 544
PROPERTY
of the Civil Code, they are deemed to accrue (ARTS. 445-465)
daily. They are considered in the category of
personal property and belong to the possessor in
good faith in that proportion while natural and
industrial fruits ordinarily cannot be prorated and GENERAL RULE: Whatever is built, planted, or sown
are considered real property while still growing (2 on the land of another and the improvements or
PARAS, supra at 216). repairs made thereon belong to the owner of the land
subject to the provisions of Aris. 447-456 (CIVIL
Accession Continua CODE, Art. 445) and Article 120 of the Family Code.
— The right pertaining to the owner of a thing over
everything that “is incorporated or attached The ownership of improvements, whether for utility or
thereto, either naturally or artificially, by external adornment, made on the separate property of the
forces (id. at 220). spouses at the expense of the partnership or through
the acts or efforts of either or both spouses shall
REASONS: Economic convenience is better pertain to the conjugal partnership, or to the original
attained in a state of single ownership than in a t owner-spouse, subject to the following rules:
co-ownership, and natural justice demands that 1. When the cost of the improvement made by the
the owner of the principal should also own te conjugal partnership and any resulting increase
accessory (Id. at 211). in value are more than the value of the property
: me of the improvement, the entire
a. With respect to real property: ‘one of the spouses shall belong to the
i. Accession industrial -- building; planting, conjugal partnership, subject to reimbursement
- sowing of the vajue'of
the property. of the owner-spouse
i. Accession natural -- alluvium, avulsion, atthe tie ofthe improvement;
change of course of rivers, formation of Otherwise} said property shall be retained in
islands ownership: by the owner-spouse, likewise subject
f the cost of the improvement.
b. With respect to personal property:
i. Adjunction or conjunction we se, the ownership of the entire
ii. Commixtion or confusion property shall be vested upon the
iii. Specification eimbursement, which shall be made at the time
Ea ye: liquidation of the conjugal partnership
Basic Principles: (GONE- -BAD) (FAMILY CODE, Art. 120).
a. He who is in Good faith may be: held
responsible but will not be penalized; Scope of Building Or
b. To the Owner of a thing belongs the The term “building” is a generic term for ail ©.
extension or increase of such thing; architectural work with a roof, built for the purpose of oa
¢. Bad faith of one party Neutralizes the bad being used as man’s dwelling, or for offices, clubs,
faith of the other; theaters, etc. (DF LEON, Property, supra at 183).
d. There should be no unjust Enrichment at the
expense of others; Scope of Planting
e. Bad faith involves liability for damages; Itis not necessary that the trees or plants should have
f. Accessory follows the principal; and taken root; it is enough that they are planted in order
g. Accession exists only if the incorporation is to belong to the owner of the land (2 TOLENTINO,
such that separation would either seriously supra at 107).
Damage the thing or Diminish its value (Id. at
220). Presumption: All works, sowing, and planting are
presumed made by the owner and at his expense,
unless the contrary is proved (CIVIL CODE, Art. 446).

NOTE: Art. 445 is applicable only if the owner of the

land is known (DE LEON, Property, supra at 146).
 PROPERTY
Civil Law

ACCESSION INDUSTRIA

F RIGHTS AND OBLIGATIONS

indemnity preservation both acted in
and collect good faith).
damages, j2.Lose 2 B, P, 8
OR improvement acquires
2. Demolition or s without right improvement
restoration, to indemnity , remove
1. Acquire 1. Right of 1. Collect and collect from LO materials if
improvement retention value of damages, ut (CIVIL without injury
s and pay for materials 3.SelitoB, Por CODE, An. (CIVIL
indemnity to necessary primarily rent to 8, and 452) unless CODE, Ar.
B, P, 5; 0R and useful from B, P, collect the LO se lis 447);
2.8ell landto B expenses; Ss, damages; and. 3.No action
or P except if 2. Pay value subsidiarily 4_Pay against LO.
the value of of from LO if necessary
the land is materials B, P, S expenses {o
considerably to OM. insolvent; -.B, P, 8
more; and 2. Remove i. (CIVIL
rent to S only if 1 CODE, “Arts.
(CIVIL Without, fee SN. 449, 450, and,
CODE, Arts. injury: 457). #5
448, 546, and {CHIL
455); » «CODE,
3. Subsidiarily ; Arts. 455
liable to OM. ¢ and 447).
a Samo as though all acted iin good faith (C/VIL

1. Acquire 1. Right? of. 1. Lose~ them-|.”

improvement retention without: fight 1. Acqtire 1.Remove 1.Remove
s and pay for : "to indembity - improvement improvements materials if
indemnity to necessary (CIVIL “|. .s after paying _in any event; without
B,P, SOR and - useful CODE, Ad:
indemnity and 2.Be injury;
.Sell to B, P expenses; 449).
N

damages? 10] indemnified 2.Coliect value

except if the 2. Keep what
BPS for damages; of materials,
value of land has been
+i | 2, Subsidiarily primarily
is built,
|..diable to OM from B, P, S;
considerably planted, or
(CIVIL 3.Subsidiarily
more, forced sown
CODE, Arts. from LO
lease; without
454, 447, and (CIVIL
Without indemnity
455).
w

CODE, Arts.
subsidiary to OM and
447 and
liability for collect
455).
cost of damages
material. (CIVIL
CODE;
Arts. 546
and 449). 1.Acquire 1.Right of 1.Collect value
improvement retention for of materials
s after necessary primarily from
indemnity fo expenses; B, P, S;
B, PR, S; OR 2.Pay value of subsidiarily
1. Acquire 1.Recover 1.Recover 2.8ell to B, P materials 0 from LO;
© improvement necessary value from B, except: if the OM and pay 2.Collect
without expenses P, S (as if
value is him damages damages;
paying for s(CIVIL -
 MEMCRY AID
San Beda University Caliage of Law - RGCT Bar Oparstions Center

APPLICATION OF THE RULES

Art. 447 applies when the owner of the property
uses the materials of another -- whether
personally or through another. It does not refer to
considerably CODE, Arts. 3 B, PS the instance when a possessor builds on the property
more; 546 and acquires of another {Macasaet vs. Macasaet, G.R. Nos.
3. Rent to S 447). improvements, 154391-92, September 30, 2004).
(CIVIL remove
CODE, Ants. materials in lt contemplates a principal and an acuessory, the land
453, 448, any event being considered the principal and the plantings,
5486, 548, and | (CIVIL CODE, constructions, orworks, the accessory. The Supreme
455); Arts. 447, and Court considered buildings as the principal and the
4. Subsidiarily 455). lumber and construction materials as the accessory
liable to the (Pacific Farms, Inc. v. Esguerra, GR. No. L-21783,
owner of November 29, 1969).
materials.
On the other hand, Article 448 applies when a
person builds, sows, or plants in good faith on
the land of another (DE LEON, Property, supra at
152); when he believes that he has the right to build,
1.Acquire w/o 1.Recover 1.Collect value plant, or sow because he thinks he owns the land or
paying necessary of materials | believes himself to have a claim of title (Communities
indemnity expenses and Cagayan Inc. v. Sps. Arsenio, G.R. No. 176797,
and collect (CIVIL damages 1. :November 14, 2012).
damages; CODE, + An. from B, P, 8:
OR 452, and and } Arti Ade refers to a land whose ownership is
2.5ell to B, P 443); subsidiarily y'two or more parties, one of whom has
and rentto S 2.lose from LO; - built some works, or sown or planted something.
and collect improvement 2.Remgve It does not apply, to a case where the owner of the
damages, s without materials © in “land is the builder, sower, or planter who then later
OR right of § any ‘event if . loses ownership of the land by sale or donation.
3.Demalish . or retention B:..P, S Where the true owner himself is the builder of the
restore and from LO acquires : of:geod faith or bad faith is entirely
collect (CIVIL imprgvement irrelevant “The rule'on good faith laid down in Art. 526
damages; CODE, Art}: = of the Civil Code shall be applied to determine the
4.Pay 452) unless iw good faith of the builder in Art. 448 (Pecson v. CA,
necessary LO sells the SBR No. 115814, May 26, 1995).
expenses to land.
B, PS; Thus, although it does not appear from the records of
5.Subsidiarilty the case that the appellee (owner of the buildings)
liable to OM owns the land upon which the buildings were erected,
(CIVIL. the appellee must bear the obligation to pay for the
CODE, Arts. value of the construction materials; the appellant has
449, 450, and the corresponding right to recover the value of the
451). unpaid lumber and construction materials (Pacific
Farms, Inc. v. Esguerra, G.R. No. L-21783,
November 29, 19689).

1.Acquire 1.Indemnity for 1.No indemnity When Co-Ownership is Terminated by Partition

improvements damages 2.Lose The provisions of Art, 448 should apply to determine
pay indemnity 2.Remove materials the respective rights of the parties when it appears
& damages to improvements (CIVIL that the house of an erstwhile co-owner has
B, P, S (CIVIL in any event CODE, Ar. encroached upen a portion pertaining to another co-
CODE, Arts. (CIVIL. CODE, 449). owner which was however made in good faith (lgnao
454, and 447)
F100 257). Avie
ANS. ARA
5045 Ane
and v. JAC, G.R. No. 72876, January 18, 1991).
447).
The provision on indemnity in Arf. 448 may be applied
by analogy considering-that the primary intent of the
law is to avoid a state of forced co—ownership
especially where the parties agree that Arts. 448 and
 PROPERTY
Civil Law

546 are applicable and indemnity for the

improvements may be paid although they differ as to Lessees came into possession of the lot by virtue
the basis of the indemnity. It is the current market of a contract of lease. They are then estopped to
value of the improvements which should be made the deny their landlord's title or to assert a better title
basis of reimbursement to the builder in good faith not only in themselves, but also in some third
(Pecson v. CA, G.R. No. 115814, May 26, 1995). person while they remain in possession of the
land until they surrender such possession to the
Property Sold by the Government due to landlord (Munar v. CA, G.R. No. 100740,
Delinquency November 25, 1994).
If a property was caused to be sold at a public auction
due to non-payment of taxes and the buyer at the The estoppel applies even though the lessor had
public auction moved not only for the delivery of the no title at the time. The relation of lessor and
lot but also of the improvements therein, the former lessee may also be asserted by the successors
owner of the property is entitled to be reimbursed by of the original lessor to the latter's title (Feliciano
the buyer (Spouses Nuguid v. CA, G.R. No. 151815, v. Sps. Zaldivar, G.R. No. 162593, September
February 23, 2006). : 26, 2008).
REASON: He is a builder in good faith. He was still 2. Improvement constructed on one's own land
the owner of the lot when he constructed the subsequently sold (/d. at 165-167);
improvement (Spouses Nuguid v. CA, GR. No. =. Builder, a belligerent occupant (Jd. at 166);
151815, February 23, 2005). : 4," Constructions not in the nature of buildings (/d. at
©: 167); and
Cases NOT Covered: 5, Property of: public dominion (/d.).
1. Other provisions of law (e.g usufruct,. ishse,
agency, co-ownership); ) OPTIONS: OF THE LANDOWNER
The landowner-Can choose between appropriating
EXCEPTION: In case of termination of eo- the building by paying the proper indemnity or
ownership, rights provided in Art. 448 may apply : obliging the builder to-pay the price of the land, unless
(lgnao v. IAC, G.R. No. 72876, January 18, its value: is considerably more than that of the
1991). struclures, in which case the builder in good faith
shall pay reasonable rent. If the parties cannot come
Art. 448 does not apply where one's interest in
to terms over the conditions of the lease, the court
the land is merely that of a holder such asa mere
must fix ‘the terms thereof (Rosales v. Castelltort,
lessee under a rental contract (Balucanag v. GR: No: 157044, October 5, 2005).
Francisco, G.R. No. L-33422, May 30,-7983)..an
agent, or a usufructiary (Macasaet vs. The landowner may not refuse both to pay the
Macasaet, G.R. Nos. 154391 92, September 30, building and to sell the land, and, instead seek to
2004). compel the ewner of the building to remove the
building from the and. He is entitled to such removal
Jurisprudence is replete with © eases which only ‘when, after having chosen to sell the land, the
categorically declare that Article 448 covers only other-party fails to pay for said land (/gnacio v. Hilario,
cases in which the builders, sowers, or planters G.R. No. L-175, April 30, 1946).
believe themselves to be owners of the land or,
at least, have a claim of title thereto, but not when Should no other arrangement be agreed upon, the
the interest is merely that of a holder, such as a © owner of the land does not automatically become the
mere tenant, agent or usufructuary. A tenant
owner of the improvement (Filipinas Colleges Inc. v.
cannot be said to be a builder in good faith as he Timbang, G.R. No. L-12812, September 29, 1959).
has no pretension to be owner. in a plethora of
cases, this Court has held that Articles 448 of the Right to Choose: The option to appropriate the
Civil Code, in relation to Article 546 of the same building or sell the land belongs to the landowner.
Code, which allows full reimbursement of useful The only right of the builder in good faith is the right
improvements and retention of the premises until to reimbursement, not to compel the owner of the
reimbursement is made, applies only to a land to sell. The option is not to buy but to sell.
possessor in good faith, i.e., one who builds on (Quemuel v. Olaes, G.R. No. L-11084, April 29,
land with the belief that he is the owner thereof. it 1861).
does not apply where one's only interest is that of
a lessee under a rental contract; otherwise, it
would always be in the power of the tenant to
"improve" his landlord out of his property (Parilla
v. Pilar, G.R. No. 167680, November 30, 2006).
 MEMORY AID
Sas Beda University Colleges of Law - RGCT Bar Operabons Center

Reasons Why the Option is Given to the 1. The parties may decide to leave things as they
Landowner: are and assume the rétention of lessor and
1. His right is older; and . lessee, and should they disagree as tothe
2. By the principle of accession, he is entitled to the ainount of rental, then they can go to the court to
ownership of the accessory thing (Communities fix that amount;
Cagayan Inc. v. Sps. Arsenio, G.R. No, 176791, 2. Should the parties not agree to assume the
November 14, 2012). relation of lessor and lessee, the owner of the
land" is entitled to have the improvement
NOTE: Where the builder, planter or sower has acted removed; and
in good faith, a conflict of rights arises between the 3. The land and the improvement may be sold at
owners, and it becomes necessary to protect the public auction, applying the proceeds thereof first
owner of the improvements without causing injustice to the payment of the value of the land and the
to the owner of the land. In view of the impracticabllity excess, if any to be delivered to the owner of the
of creating a state of forced co-ownership, the law improvement in payment thereof (Filipinas
has provided a just solution (Depra v. Dumlao, G.R. Colleges, Inc. v. Timbang, G.R. No. L-12812,
No. L-57348, May 16, 1985). September 29, 19589).

in view of the impracticability of creating a state of NOTE: These alternative remedies shall be
forced co-ownership, the law has provided a just resorted to by the parties when the builder in
solution by giving the owner of the land the option to good faith fails to pay the value of the jand when
acquire the improvements after payment of the such is demanded by the landowner. Take note
proper indemnity. or to oblige the builder or planter to too that the oplions of the landowner under Art
pay for the land and the sower the proper rent. He 448 are alternative and exclusive. (Fflipinas
cannot refuse 1o exercise either option (Communities . Colleges, Inc. v. Timbang, G.R. No. L[-12812,
Cagayan Inc. v. Sps. Arsenio, G.R. Na. 176791, September 29, 1953).
November 14, 2012).
WHO'IS'A BUILDER IN GOOD FAITH?
Not even a declaration of the builder's bad faith shifts . To be considered a builder in good faith, it is essential
the option to him as provided in Art. 450 of the Civil % that a persgh ‘asserts title to the land in which he
Code (Sps. Benitez v. CA, G.R. No. 104828, January © builds, i.e., that he be a possessor in the concept of
16,1997). n owner and that he be unaware that there exists in
is title or mode of acquisition any flaw which
Once the choice is made by the landowner, it is fs) oiises de Vera v. Spouses
generally irrevocable (Tayag v. Yuseca, G. R No, L= 211170, July 3, 2017).
8139, October
24, 1955).
terms builder, planter, or sower in good faith as
The so-called “workable solution” suggested in the ed in: reference to Article 448 of the Civil Code,
case of Grana v. CA (G.R. No. L-12486; August 31;.- one ‘who, not being the owner of the land,
1960) where the Court ordered the owner of the land builds, plants, ar sows an that land believing himself
to sell to the builder, etc. the part of the I&nd intruded to be its owner and unaware of the defect in his title
upon thereby depriving him of his right to choose or mode of acquisition. The essence of good faith lies
because it would be impractical to choose the first in an honest belief in the validity of one's right,
alternative for the whole improvement might be ignorance of a superior claim, and absence of
rendered useless, is contrary to the explicit provisions intention to overreach another. On the other hand,
of Art. 448 to the effect that, "(t)he owner of the bad faith may only be attributed to a landowner when
land...shall have the right to appropriate...
.or to oblige the act of building, planting, or sowing was done with
the one who built... to pay the price of the land..." his knowledge and without opposition on his part
The taw is clear and unambiguous when it confers the (Delos Santos v. Abejon, G.R. No. 215820, March 20,
right of choice upon the landowner and not upon the 2017).
builder and the courts (lgnao v. IAC, G.R. No. 72876,
January 18, 1991). Good Faith May co-exist with Negligence
Good faith does not necessarily preclude negligence,
NOTE: Art. 448 is not mandatory. There is nothing, for, in fact, in negligence there is no intention to do
however, in the law to prevent the parties from wrong or cause damage unlike in bad faith which
agreeing to adjust their
§ rights iin some other way.
presupposes such intention (DE LEON, Property,
supra at 177).
REMEDIES OF THE PARTIES
The following are the remedies of the parties should
the builder in good faith is unable to pay the value of
the land as demanded by the landowner:
 PROPERTY
Civil Law

Articles 448 and 546 on builders in good faith is ALLUVION V. ACCRETION

not applicable to cases covered by the
Condominium Code
Articles 448 and 546 of the Civil Code on builders in
good faith are inapplicable in cases covered by the
Condominium Act where the owner of the land and Soil deposited on the | Process by which the
the builder are already bound by specific legislation estate fronting the river | soil is deposited.
on the subject property (the Condominium Act), and bank.
by contract {the Master Deed and the By-Laws of the
condominium corporation). The raison d'etre for this
is where the builder, planter or sower has acted in
good faith, a conflict of rights arises between the
owners, and it becomes necessary to protect the Applies only to the soil | Broader term.
owner of the improvements without causing injustice deposited on river banks.
to the owner of the land (Leviste Management
System, Inc., vs. Legaspi Towers 200, Inc., G.R. No. (2 PARAS, supra at 265-266).
199353, April4, 2018).
Requisites of Alluvion or Accretion {G-Cae):
ACCESSION NATURAL a. The deposit or accumulation of soil or
1. ALLUVION OR ALLUVIUM (CIVIL CODE; sediment must be Gradual and imperceptible
Arts. 457 and 458) . {increase must be comparatively little);
— increment gradually received by: lands abutting ’ 5 5 b. 2 The gecretion must result from the effects or
rivers as a result of the current of the watérs- 7 aétion of the Current of the water;
c>~The land where Accretion takes place is
Accretion — the process by which a ripariafiTand at adjacent (+) the bank of the river; and
gradually and imperceptibly.;récgives’ addition d. The'river must continue to Exist (2 PARAS,
made by the water to which the 134d is contiguous supra at 268). ;

i
on
df REASONS FOR THE RULE:
PROPERTY A ‘4. To compensate ‘the owner for losses which
they may: suffer by erosion;
b. ‘To compénsate them for the burdens of legal
easements; ‘which are imposed upon them;
c€. Bécause it is the owner of the contiguous
~+" land who can utilize the increment to the best
advantage; and
dh Because this is the only feasible solution,
since- the‘previous owners can no longer be
PROPERTY B Li
identified (ld. at 267-268).

* [Effécts of Accretion on Registered Lands

a. In case of diminution of area
Riparian owner — the owner of the land adjacent Registration under Torrens System does not
to the river bank protect the riparian owners against the
diminution of the area of his registered land
Littoral owner — the owner of lands bordering (Viajarv. CA, G.R. No. 77294, December 12,
the shore of the sea or take or other tidal waters 1988).

If the increment is formed by the action of the sea,
the same is not called alluvium/accretion but
foreshore land. As such, it is part of the public
domain (Heirs of E. Navarro v. IAC, G.R. No.
68166, February 12, 1997)..
- area within 50 years (Heirs of E. Navarro v.
b. In case of increase of area
An alluvion is automatically owned by the
riparian owner -from the moment the soil
deposit can be seen, but the additional area
does not automatically become. registered
land just because the lot which receives such
accretion is covered by a Torrens title. The
riparian owner must register the additional
IAC, G.R. No. 68166, February 12, 1997). .
MEMORY AID
San Beda University Collage of Law - RGCT Bar Operations Center

NOTE: Ownership of a piece of land is one of the waters of the river (Republic v. CA, G.R.
thing; registration under the Torrens system No. L-61647, October 12, 1984).
of that ownership is another (Delos Reyes v.
Municipality of Kalfibo, Akian, G.R. No. Art. 457 excludes all deposits caused by human
214587, February 26, 2018). intervention. Alluvion must be the exclusive work
of nature (Vda. De Nazareno, et al. V. CA, G.R.
Article 84 of the Spanish Law of Waters of No. 98405, June 26, 1996).
1866 specifically . covers ownership over
alluvial deposits along the banks of a creek. Effect of Public Service Constructions or
It rcads: ART. 84. Accretions doposited Easements on River Banks
gradually upon lands configuous to creeks, a. If a public service construction, like a railroad
streams, rivers, and lakes, by accessions or or a road, is made on a river bank, it is the
sediments from the waters thereof, belong to government or the railroad company which
the owners of such lands. Interestingly, will own the accretion.
Article 457 of the Civil Code states: Art. 457. b. If instead of a public service construction,
To the owners of fands adjoining the banks there is only an easement for the benefit of
of rivers belong the accretion which they navigation, floatage, fishing, and salvage, the
gradually receive from the effects of the right of the riparian owner subsists because
current of the waters. 1t is therefore explicit in easements, the owner of the servient
from the foregoing provisions that alluvial estate does not lose his ownership over the
deposits along the banks of a creek do not portion covered (2 PARAS, supra at 269-
form part of the public domain as the alluvial 270).
property automatically belongs to the owner:
of the estate to which it may have been Estates Adjoining Ponds or Lagoons
added. The only restriction provided for by:~ The owners of estates adjoining ponds or
law is that the owner of the adjoining property. not acquire the land left dry by the
must register the same under the Torrens crease of the waters, or lose that
system; otherwise, the alluvial property may inundate d'By them in extraordinary floods (C/VIL
be subject to acquisition through. prescription CODE, Art, 458).
by third persons (Office of the City: Mayor of
Parafiaque City v. Ebio, G:R. No. "178411, Definitions:
June 23, 2010). ‘Pond
dl f stagnant water without an outlet
NOTE: Lands acquired by accretion. Asa5 provided
in Art. 457 is not lost upon the sudden and Lagoon
abrupt change of course bythe river and — a small lake, ordinarily of fresh water and
separated to the other side {Agustin v. IAC, G.R. not very deep, fed by floods, the hollow bed
Nos. L-66075, July 5, 1990). In theiabsence: of Sofiwhich is bounded by the elevation of the
evidence that the change in the céurse of the land
river was sudden, the presumption ig-that the
change was gradual and was caused by alluvium c. Lake
and erosion (Payatas-Estate Improvement Co. v. -- a body of water formed in depressions of
Tuason, G.R. No. 30067, March 23, 1929). the earth, ordinarily fresh water, coming from
rivers, brooks, or springs and connected by
NOTE: In the absence of evidence that the them to sea
change in the course of the river was sudden or
that it occurred through avulsion, the NOTE: This provision refers to ponds and
presumption is that the change was gradual and ‘Jagoons, and therefore has no application to
was caused by alluvium and erosion (Bagaipo v. lakes (2 TOLENTINQ, supra at 129).
Court of Appeals, G.R. No. 116290, December 8,
2000). AVULSION
The transfer of a known portion of land from one
Deposit Caused by Human Intervention Not tenement to another by the force of the current.
Covered The portion of land must be such that it can be
A riparian owner does not acquire the addition to [ORL JU RN J
iGentiea as coming from a definite tenement
his land caused by special “works (e.g. dikes) (CIVIL CODE, Art. 459).
expressly intended by him io bring about
accretion (J.e., for reclamation purposes} and not Also called “force of the river’ since it implies a
to protect his property from the destructive force violent tearing or breaking away.
 PROPERTY
Civil Law

It may also be referred as "delayed accession” in ALLUVIUM V. AVULSION

the sense that if the owner abandons the soil
involved or fails to remove the same within two
years, the land to which it has been attached
acquires ownership thereof (2 PARAS, supra at
271). Gradual and | Sudden or abrupt
imperceptible process
Art. 459 can be applied by analogy in case a
known portion of a land is transferred from one
estate to another by forces of nature other than
the current of a river (DF LEON, Property, supra
at 178). Soil © cannot be | Identifiable and
identified verifiable

{ PROPERTY A

Belongs to the owner | Belongs to the owner

of the property to | from whose property it
which it is attached was detached

E @ PARAS, “supra at 275).

“Removal Within Two 2) Years: The owner
“rust ferove (hot merely claim) the transported
PROPERTY B portion “within . two years to retain ownership
(CIVIL CODE, Art 459).
Reasons fot. Jy
Requisites (CSK): a. The segregated portion is usually very small;
The segregation ‘and transfer must be b. Hthe area istatge there is a need to claim for
caused by the Gurrenf of. a river; creek or: _its'value within
two (2) years;
torrent; c.’ If there js'ne” need for claim, ill feeling may
b. The segregation and’ transfer miss be. ol arise between the neighbors;
Sudden or abrupt; and ds To prevent legal absurdities;
¢. The portion of land fransported ust be B ‘e.-" To prevent permanent attachment; and’
Known or identified (Id. at 189}. = ~f. The principle is similar to that underlying Art.
4602 PARAS, supra at 276-277).
Current — the continuous movement: pe a body of
water, often horizontal, in a certain. direction (id. Rule on'Uprooted Trees
at 190). -
- Treés uprooted and carried away by the current
of the waters belong to the owner of the land
River ~ a natural stream of water, of greater upon which they may be cast, if the owners do
volume than a creek or rivulet flowing, in a more not claim them within 6 months (C/VIL CODE,
or less permanent bed or channel, between well- Art. 460).
defined banks or walls, with a current which may
either be continuous in one direction or affected If such owner claims them, they shall pay the
by the ebb and flow of the tide (/d.). expenses incurred in gathering them or putting
them in a safe place (CIVIL CODE, Art. 460).
Creek — a small stream less than a river; a recess
or intet in the shore of a river, and not a separate The 6-month period is a condition precedent and
or independent stream though it is sometimes not a prescription. After a claim is made within 6
used in the latter meaning (/d.). months, an action may be brought within the
prescription period provided under Art. 1140.
Torrent — a violent, rushing, and turbulent stream
 MEMORY AID
A

San Beda University College of Law - RGCT Bar Operations Canter

If he has incurred expenses for preserving them, as

when he gathered them in a safe place for eventual
return, or when he transplants them, only for
preservation purposes, he is entitled to
indemnification.

If he has done nothing, he cannot demand

indemnification unless he has suffered in any way
and the real owner benefited (2 PARAS, supra at
280).

In case of uprooted trees, the owner “retains

ownership if he makes a claim within six. (6).months.
This does not include trees which remain-planted on
a known portion of land carried by the force of the
waters. In the latter case, the trees are regarded as
accessions of the land through gradual changes in
the course of adjoining stream (Payatas Estate
Improvement Co. v. Tuason, G.R. No. 30067, March
23, 1929).
If the owner of the land upon which the trees have NOTE: If the tree is still attached to the portion of the
been cast, transplanted them on his own land, the land transferred to the other estate, Art. 459 on
former owner may still recover. the same within the avulsion applies and not Art. 460.
period of 6 months (3 MANRESA, 244 as cited in 2
PARAS, supra at 273).

Indemnification of Owner of the Land Upon Which

Uprooted Trees may have been Cast
Trees uprooted and carried away by the current of the
waters belong to the owner of the land upon which
they may be cast, if the owners do not claim them
within six months. If such owners claim them, they
shall pay the expenses incurred in gathering them or
putting them in a safe place (CIVIL CODE, Art. 460).
 PROPERTY
Civil Law

“River beds which are abandoned” means that

where there is abandonment by the government
of its right over the old bed, the owner of the
invaded land automatically acquires ownership of
the same without the necessity of any formal act
4 “oid River
on his part. No positive act is needed on their
“Bed part, as it is subject thereto ipso jure from the
moment the mode of acquisition becomes
evident (2 TOLENTINO, supra at 137).

In proportion to the area lost” contemplates

two or more owners whose lands are occupied by
the new bed. If only one owner has lost, he gets
the entire abandoned river bed (2 PARAS, supra
Estate A
at 281).

It does not apply to-cases where the river simply

The owner of estate A owns the old river bed in dries up because there are no persons whose
proportion to the area lost or occupied by the new lands are occupied by the waters of the river. The
bed on his land. new river bed thus formed become of public
dominion (/d.).
Rules:
a. River beds which are abandoriad throtigh the... : 4. FORMATION OF ISLAND BY THE
natural change in the coufse of, the “waters BRANCHING OFF OF A RIVER
ipso facto belong to the gwners, whose lands: «se : Wherever the current of a river divides itself into
are occupied by the new coursé in proportion branches, leaving, a piece of land or part thereof
to the area lost; § v7 isolated, the owner of the land retains his
ownership. He dlsoretains itif a portion of land is
“Ipso facto” - the prejudiced owner separated from the estate by the current (CIVIL
automatically becomes the owner ofthe. CODE, Art. 463). ;
abandoned river bed (bE LEON, Property, : FS

supra at 191).
PROPERTY A Id : ’
” I'd
b. The owners of the land Camis old bed
shall have the right to acquite the same by
paying the value thereof, which value shall 7 OLD
gen.RIVER
ISOLATED = .
LAND
not exceed the value of the area‘accupied by: :
the new bed (CIVIL CODE, Art. 467); and
‘c. Whenever a river, changing ‘its. course by -
natural changes, opens a new bed through a
private estate, this bed shall becomé of
public dominion {CIVIL CODE, Art. 462). PROPERTY B

Requisitas: {CAZ?PE)
There must bé a natural Change in the
course of the waters of the river; otherwise, There is isolation where the portion has not
the bed may be the subject of a State grant physically moved. There is separation when
(REYES—-PUNO, An Quiline of the Philippine such portion has physically moved (2 PARAS,
Civil Law, (1964), p.54 [hereinafter REYES- supra, at 233).
PUNO, Philippine Civil Lawj);
b. The change must be Abrupt or sudden; NOTE: The piece of land formed by isolation or
c. There must be Abandonment by the owner separation belongs to the owner of property B
of the bed i.e., a decision not to bring back since no accession takes place. He retains
the river to the old bed (/d. at 53); ownership over the land (/d.).
d. The change must be Permanent; the rule
does not apply to temporary overflowing; and
e. Theriver continues to Exist (2 PARAS, supra
at 283-284).
 MEMORY AID
San Beda University College of Lew - RGCT Bar Operations Center

5. FORMATION OF ISLANDS BY
SUCCESSIVE ACCUMULATION OF RIGHT OF ACCESSION
ALLUVIAL DEPOSITS WITH RESPECT TO
PERSONAL PROPERTY
a. If formed on the sea:
i. Within territorial waters — the island/s
belong/s to the state; said island/s is/are
considered patrimonial property {CIVIL ; (ARTS. 466-475)
CODE, Art. 464).
ii. Outside territorial waters — to the first
occupant; this is in accordance with the Basic Principle: Whenever the things united can be
principles of Public International Law for separated without injury, their respective owners may
discovery and occupation considered as demand their separation (CIVIL CODE, Art. 469).
a definite mode of acquiring territory. Accession exists only if separation is not feasible.
b. If formed in lakes, or navigable or floatable
rivers — State; also a patrimonial property
(CIVIL CODE, Art. 464).
KINDS:
1. ADJUNCTION/CONJUNCTION (CIVIL
Navigable or floatable river — if useful for CODE, Arts. 466-471)
floatage and commerce, whether the tides ~ The union of two movable things belonging to
‘affect the water or not; should benefit trade different owners, in such a manner that they
and commerce (2 PARAS, supra at 233). cannot be separated without injury, thereby
forming a single object (DE LEON, Property,
if formed on non-navigable or non—~floatable supra at 197).
rivers: i
i. If nearer to one margin or bank — to the Requisites: (Mul)
nearer riparian owner (CIVIL CODE, Art. ete are two Movables belonging to
465). differen owners;
b. They: Are United in such a way that they form
a single object; and
c. They are so inseparable that their separation
would: impair their ‘nature or result in
dy
i shibstantial injury to either component (Id. at
PROPERTY “:1798)
A

NOTE: The application of the rule of accessorium

_. sequitur principale ("the accessory follows the
ncipal’) must give way to any express of
“npied™agreement of the owners as to the
ownership of the new object (2 TOLENTINO,
supra at 142).

REASON: The nearer margin has the Kinds: (ISEPT)

better chances of developing the island a. Inclusion or engraftment (e.g. when a
in the interest of agriculture (2 PARAS, diamond is set on a gold ring);
supra at 244). b. Soldadura or soldering (e.g. when lead is
united or fused to an object made of lead);
ii. If equidistant from both banks — to the i. Ferruminacion — if both the accessory
riparian owners, by halves (CIVIL CODE, and principal objects are of the same
Art. 465). metal; or
ii. Plumbatura — if the accessory and
v3pt
principal objects are of different
materials.
¢. Escritura or writing (e.g. when a person
| PROPERTY writes on a paper belonging to another);
8 d. Pintura or painting (e.g. when a person paints
on a canvas belonging to another); and
e. Tejido or weaving (e.g. when threads
Po belonging to different owners are used in
Wy
7
§ making textile) (DE LEON, Property, supra at
VO: 198).
 PROPERTY
Civil Law

Tests to Determine Principal in Adjunction: b. Adjunction in bad faith by the owner of

a. Test of Intention — the principal thing, as the principal
between two things incorporated, is deemed The owner of the accessory thing shall have
to be that to which the other (accessory) has a right to choose between:
been united as an ornament or for its use or i. The principal paying him its value; or
perfection (CIVIL CODE, Art. 467); ii. The thing (accessory) belonging to him
b. {fit cannot be determined by the rule given in be separated, even though for this
Art. 468: purpose it be necessary to destroy the
principal thing (CIVIL CODE, Art. 470).
If the two things are of unequal values — the
thing of greater value shall be considered the in either case, the principal shall be liable
principat; for damages (CIVIL CODE, Art. 470).

If they are of equal values — the thing of c. Adjunction in bad faith by the owner of
greater volume shall be considered the the accessory
principal (CIVIL CODE, Art. 468). Whenever the owner of the accessory thing
has made the incorporation in bad faith:
NOTE: In all cases, sentimental value shall be i. He shall lose the thing (accessory)
duly appreciated (CIVIL CODE, Art. 475). incorporated; and
ii. He shall have the obligation to indemnify
With reference to a motor vehicle, the engine. the owner of the principal thing for the
may be considered as the principal, all the.other “damages he may have suffered (CIVIL
parts of the vehicle being regardedas there... : CODE, Art. 470).
accessories (2 PARAS, supra at 283),
wd, Adjunction,in bad faith by both owners
SPECIAL RULE: In pairing, 4nd ‘sciiipture, if either.one of the owners has made the
writings, printed matter, -engraving and incorporation with the knowledge and without
lithograph, the board, imetal, /stone;, canvas, the objection” of the other, their respective
paper, or parchment, ; shall be deemed the ‘rights shall be ‘determined as though both
accessory thing (CIVIL CODE; Art. 468). This is acted in dod faith (CIVIL CODE, Art. 470).
based on the consideration that what is painted; i such case; apply Arts. 466 to 499.
etc. is of greater valua or-importance than the
board, etc. (DE LEON, Property, supra at, 7 99). Form. of Indemnity to Owner of Material
Whenever the owngr of the material employed
NOTE: Since the special rule: specifies - the ‘without hig'consert has a right to an indemnity,
special cases, analogousscases which are. not. : he may demand that this consists in the:
enumerated should not be solved analogously, oo 1. Délivery of-a thing equal in kind and value;
but in accordance with the general tests provided 2. Payment: of price as appraised by experts
for in Arts. 476 and 468, first paregrapl (2. (CIVIL ‘CODE, Art. 471).
PARAS, supra at 293).
2: TURE
Rules on who is Entitled: ’ — It takes place when 2 or more things belonging
a. Adijunction in good faith by either owner to different owners are mixed or combined with
GENERAL RULE: Accessory follows the the respective identities of the component parts
principal. destroyed or lost {DE LEON, Property, supra at
203).
EXCEPTIONS (SP):
i. "K the accessory can’ be Separated NOTE: As distinguished from adjunction, there is
without injury, their respective owners in mixture greater inter-penetration or
may demand their separation (CIVIL decomposition of the objects that have been
CODE, Art. 469); and mixed (Id.). .
ii. If the accessory is much more Precious
than the principal, the owner of the Kinds:
accessory may demand the separation a. Commixtion ~ mixture of solids
even if the principal suffers some injury b. Confusion — mixture of liquids
(CIVIL CODE, Art. 469).
Rules:
a. Mixture by will of the owners:
i. Primarily, their rights should be governed
by, their stipulations (Id. at 203-204);
MEMORY AID
San Beda University Goliege of Law ~ RGCT Bar Operations Center

i. In the absence of any stipulation, each the following option with a right to indemnity
owner shall acquire a right proportional for damages:
to the part belonging to him, bearing in i. Apptopriate the new thing without paying
mind the value of the things mixed or the owner of the material; or
confused (CIVIL CODE, Art. 472). ii. Require the owner of the material to pay
b. Mixture caused by an owner in good faith or him the value of the thing or value of his
by chance: Each owner shall acquire a right work or labor (DE LEON, Property, supr:
proportional to the part belonging to him, at 210). :
bearing in mind the value of the things mixed
or confused (CIVIL CODE, Art. 472). ¢. Owner of the principal (worker) in bad faith,
c. By one owner in bad faith: the owner of the material has the option:
i. He loses ali his rights to his own material; i. to appropriate the work to himself
and without paying anything to the maker; or
ii. He is liable for damages (CIVIL CODE, ii. To demand of the maker that he
. Art. 473). indemnify. him for the value of the
d. With the knowledge and without the objection material and the damages that he may
of owner: As though both acted in good faith have suffered (CIVIL. CODE, Art. 474).
(DE LEON, Property, supra at 203-204);
e. By the negligence of one of the parties: The EXCEPTION TO THE EXCEPTION: The owner
negligent owner is liable for damages (/d.). of the material cannot appropriate the work in
case the value of the iatter, for artistic or scientific
SPECIFICATION reasons, is considerably more than that of the
One who in good faith employs the material of material (CIVIL CODE, Art. 474).
another in whole -or in part in order to make a.
thing ofa different kind shall appropriate the thing Form of Indemnity to Owner of Material
thus transformed as his own, indemnifying the :Whenevér
the owner of the material employed
owner of the material for its value (CIVIL CODE, “withoitrhis consent has a right to an indemnity,
Art. 474). he may demand that this consist in the:
1. Delivery of a thing equal in kind and value;
The transformation of another's material by the 2. Payment of price as appraised by experts
application of labor. The material becomes a (CIVIL CODE, Art. 471).
thing of different kind. Labor is the principal (2
PARAS, supra at 299). NOTE: ln determining the value, sentimental
value mist be taken into account (CIVIL CODE,
Example: Using the paint of another to.make a Art. 475).
* painting on your own canvas (/d.).
" ADJUNCTION V. MIXTURE V.
NOTE: If you use your own paint on‘the canvas 0 SPECIFICATION CR
my
of another, this is adjunction. Reason: the canvas
is considered the accessory in Art. 468 on
LO
adjunction (/d.).
[»of
GENERAL RULE: I = Nn
Involves at | Involves at | May involve
a. Owner of the principal (worker) in good faith: least two (2) | least two (2) | one (1) thing
i. Maker acquires the new thing; and things. things. (or more) but
ii. He must indemnify the owner of the form is
material (/d.}. changed.
EXCEPTION:
if the material is more precious than the
transformed thing or is of more value, its
owner may, at his option: Accessory Co- Accessory
i. Appropriate the new thing to himself, follows the | ownership follows the
after first paying indemnity for the principal. results. principal.
value of the work; or
i. Demand indemnity for the material
(CIVIL CODE, Art. 474).
Things Things The new
joined retain | mixed or | object retains
b. Owner of the principal (worker) in good faith
their nature. confused or preserves
but owner of material in bad faith. Applying
may either | the nature of
Art. 470, Par. 2 by analogy, the worker has
 PROPERTY
Civil Law

retain or lose | the original GENERAL RULE: Orly eal property could be the
their object. subject matter of quieting of title (DE LEON, Preperty,
respective supra at 217).
natures,
EXCEPTION: Certain personal properties like
(DE LEON, Property, supra at 212-213). vessels may be the object of quieting of title (1d).

NATURE: Actions for quieting of title are neither suits

in rem nor suits in personam. They are suits against
QUIETING OF TITLE a particular person in respect to the res and the
judgment will apply
(ARTS. 476-481) They are sults quasi
only to the properly in dispute.
in rem (Really Sales Enterprise,
Inc. v. IAC, G.R. No. L-67451, September 28, 1987).

Actions quasi in rem deal with the status, ownership

ACTION TO QUIET TITLE or liability of a particular property but which are
An action for quieting of title is essentially a common intended tc operate on these questions only as
law remedy grounded on equity. The competent court between the particular parties to the proceedings and
is tasked to determine the respective rights of the not to ascertain or cut off the rights or interests of all
complainant and other claimants, not only to place possible claimants. The judgments therein are
things in their proper place, to make the one who has, binding.only upon the parties who joined in the action
no rights to said immovable respect and not disturb? (Spouses Pozon v. Lopez, G.R. Now 210607, March
the other, but also for the benefit of both, so that he 2572419);
who has the right would see every cloud of doubt over
the property dissipated, and he could afterwards
without fear introduce the improvements. he may
~~ KINDS OF ACTION REFERRED TO (REP):
desire, to use, and even to abuse the property as he 1: Remedial: ~
deems best (Mananquil, et.al. v. Moico, GR. No. — An action to remove the cloud or to quiet title to
160076, November 12, 2012). real property or-an interest therein (CIVIL*CODE,
Art. 476, par. 1);
PURPOSE: To secure an adjudication that a claim of
title to or an interest in property, adverse; to that of 2. Extinctive ;
complainant is invalid, so that the, complainant ‘and —-An action to quiet title or remove cloud
those claiming under him may be forever afterward therefrom when the contract, instrument, other
free from any danger of hostile claim (2 PARAS, obligation has been extinguished or has been
Supra at 301}. terminated or has been barred by extinctive
prescription (CIVIL CODE, Art. 478); and
CLOUD ON TITLE
A semblance of title, sither legal of equitable, ord
3. Preventive
claim or a right in real property. appearing in" some ~ An“actién to prevent a future cloud or doubt
from-being cast upon the title to real property or
legal form but which is, in fact, invalid or which would
be inequitable to enforce (DE LEON, Property, supra’ an interest therein (CIVIL CODE, Art. 476, par.
at 215). 2).

REQUISITES FOR THE EXISTENCE OF REASONS FOR ALLOWING THE

CLOUD ON TITLE {IRCEP-VIP): ACTION:
1. The prevention of litigation;
1. There is an Instrument, Record, Claim,
2. The protection of the true title and possession;
Encumbrance, or Proceeding (IRCEP);
and
2, The instrument, claim, encumbrance, or
proceeding is apparently Valid or effective; 3. The promotion of right and justice (2 PARAS,
supra at 486).
3. Such instrument, etc. is in truth and in fact,
Invalid, ineffective, voidable, or unenforceable, or
has been extinguished or terminated, or has REQUISITES FOR AN ACTION TO QUIET
been barred by extinctive prescription; and TITLE TO PROSPER: (LCD)
4. Such instrument, etc. may be Prejudicial to said 1. Plaintiff must have a Legal or equitable title to, or
title (CIVIL CODE, Arts. 476 and 478). interest in the real property, which is the subject
matter of the action, but he need not be in
possession of the progerty (CIVIL CODE, Ar.
477).
 MEMORY AID
San Beda University College of Law RGOT Bar Operations Canter

QUIETING OF TITLE V. REMOVING OF

In order that an action for quieting of title may CLOUD V. PREVENTING A CLOUD
prosper, the plaintiff must have legal or equitable
tittle to, or interest in, the property which is the
subject matter of the action. While legal title
denotes registered ownership, equitable title
means beneficial ownership. In the absence of
such legal or equitable title, or interest, there is
To put an end To procure the To remove
no cloud to be prevented or removed. Likewise,
to vexatious cancellation, possible
the plaintiff must show that the deed, claim,
litigation with delivery, foundation of
encumbrance, or proceeding that purportedly
respect to the release of an a future
casts a cloud on their title is in fact invalid or property instrument, hostile claim.
inoperative despite its prima facie appearance of encumbrance
involved.
validity or legal efficacy (Delos Reyes v. or claim, which
Municipality of Kalibo, Akian, G.R. No. 214587,
constitutes a
February 26, 2018). claim in
plaintiffs title,
In the absence of such legal or equitable title, or
and which may
interest, there is no cloud to be prevented or
be used fo
removed {Spouses Basa v. De Senly Loy, G.R.
injure ar vex
No. 204131, June 4, 2018). him in his
enjoyment of
The Court ruled that a judgment debtor who failed his title.
to redeem the property within the time provided
for had lost whatever right he had over the land
in question. Certainly, he no longer possessed
any legal or equitable title to or interest over the Remedial in Preventive in Preventive in
parcels of land; hence, he cannot validly maintain nature, nature, in nature, in
an action for quieting of title (Lucasan v. involves a order to order to
Philippine Deposit Insurance Corporation G.R. present . remove cloud prevent a
No. 176929, July 4, 2008). . . adverse which may be future cloud.
“| claim. used for future
There must be a Cloud in such title; actions.

Such cloud must be Due to some instrument,

record, claim, encumbrance or proceeding which
is apparently valid or effective but isin truth Plaintiff Plaintiff No claim yet.
invalid, ineffective, voidable or unenforceable, jasserts..own declares his
and is prejudicial to the plaintiff's-titte (CIVIL claim and own claim and
CODE, Art. 476). declares that titte, and at the
the claim of same time
There may also be an action to guiet title or remove the defendant indicates the
a cloud there from when the contract, instrument or is unfounded source and
other obligation has been extinguished or has and calls on nature of
terminated, or has been barred by extinctive the defendant defendant's
prescription (CIVIL CODE, Art. 478). to justify his claim, pointing
claim on the its defect and
REQUISITES FOR AN ACTION TO property for praying for the
the court to declaration of
PREVENT A CLOUD ON TITLE (TBA): determine the its invalidity.
1. Plaintiff has a Title to a real property or interest same.
therein; )
2. Defendant is Bent on creating a cloud on the title
or interest therein. The danger must not be
merely speculative or imaginary but imminent; Filed against Filed against No claim yet.
and people who defendants
Unless the defendant is restrained or stopped, have who assert
the title or interest of the plaintiff will be prejudiced claims which claims based
or Adversely affected (DE LEON, Property, supra are more on an invalid
at 217). instrument
 PROPERTY
Civil Law

general in { (but not constitutes a cloud upon the petitioners’ interest

nature. apparent), or title in and to said property (Vda. de Aviles v.
CA, G.R. No. 95748, November 21, 1996).
(Id. at 223-229).
2. To questions involving Interpretation of
Not a collateral attack on title documents;
Raising the invalidity of a certificate of title in an action 3. To mere written or oral assertions of Claims,
for quieting of title is NOT a collateral attack because except if made in a legal proceeding;
it is central, imperative, and essential in such an 4. If itis being asseried that the instrument or entry
action that the complainant shows the invalidity of the in plaintiff's favor is not what it purports to be;
deed which casts cloud on the title (Filipinas Eslon 5. To deeds by Strangers tu the title unless
Manufacturing Corp. vs Heirs of Basifio (Janes, G.R. purporting to convey the property of the plaintiff;
No. 194114, March 27, 2019). 6. To instruments Invalid on their face; and
7. Where the validity of the instrument involves pure
PRESCRIPTIVE PERIOD: Questions of law (2 PARAS, supra at 315).
1. Plaintiff in possession
— Imprescriptible, because the owner is given the NOTE: The possession of the actual possessor must
continuing aid by the court to ascertain and be respected during the pendency of the case for
delermine the nature of such claim and its effect quieting of title (Balbecino v. Judge Ortega, G.R. No.
on his title. He can wait until his possession is L-14231, April 28, 1962).
disturbed and altacked before taking. steps to
vindicate his right (Coronel v. IAC, G.R. No. Duty of Plaintiff to Return Benefits and Expenses:
70191, October 29, 1987) The plaintiff must return to the defendant all benefits
he may have received from the latter, or reimburse
Plaintiff not in possession him. for expenses that may have redounded to the
— 10 years (ordinary) or 30 years (extraordinary) plaintiff's benefit (CIVIL CODE, Art. 479).
or estoppel by laches will be applicable (DE
LEON, Property, supra at, 225). Restoration is required ‘whenever the complainant is
shown to be morally. bound to reimburse the
An action for reconveyance based on implied defendant. Even: if the debt is not enforceable by
trust partakes the nature of an action for quieting reason of the statute of limitations, payment may be
of title if the plaintiff remains in possession of the required by the court (DE LEON, Property, supra at
subject property, thereby making the ‘action
229);
imprescriptible
The Court, in a catena of cases, has permitted the REASON: "He who seeks equity must do equity”
filing of an action for reconveyance despite the lapse {ld.). :
of more than ten (10) years from'the issuance offitle.
The common denominator of these cases is that the PURPOSE: To quiet title, not to obtain pecuniary
plaintiffs therein were in actual possession of the’ interest (id. ).
disputed land, converting the action from
reconveyance of property into one for quieting of title,
Imprescriptibility is accorded to cases for quieting of
title since the plaintiff has the right to wait until his RUINOUS BUILDINGS
possession is disturbed or his title is questioned
before initiating an action to vindicate his right
AND TREES IN DANGER
{Ocampo v. Ocampo, Sr., G.R. No. 227894, July 5, OF FALLING
2017).
(ARTS. 482-483)
THE ACTION TO QUIET TITLE DOES NOT
APPLY (BIC-SIQ):
1. To Boundary disputes; AS TO BUILDINGS:
If a building, wall, column, or any other construction
The courts cannot, in an action for quieting of title,
is in danger of falling, the owner shall be obliged to
order the determination of the boundaries of the
demolish it or to execute the necessary work in order
claimed property, as that would be tantamount to
to prevent it from-falling. (CIVIL CODE, Art. 482, Par.
awarding to one or some of the parties the
disputed property in an action where the sole 1).
issue is limited to whether the instrument, record,
If the proprietor does not comply with this obligation,
claim, encumbrance or proceeding involved
the adminisirative authorities may order the
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demolition of the structure at the expense of the the entire land or thing. (Uy v. Estate of Vipa
owner, or take measures to insure public safely Fernandez, G.R. No. 200612, April 5, 2017).
(CIVIL CODE, Art. 482, Par. 2).
The nature of possession of a co—owner is like that of
The complainant must show that his property is a trustee and shall not be regarded as adverse to the
adjacent to the dangerous construction, or must have other co-owner but in fact beneficial to all of them
to pass by necessity in the immediate vicinity. (Salvador v. CA, G.R. No. 108910, April 5, 1895).

Lack of knowledge of the falling condition of the As the right of common dominion which two or more
structure will not excuse the owner from liability. persons have in a spiritual part of a thing not
materially or physically divided (Sanchez v. CA, GR
The proprietor of a building or structure is responsible No. 108947, September.29, 1997).
for the damages resulting from its total or partial
collapse, if it should be due to the lack of necessary REQUISITES: (POL)
repairs. (CIVIL CODE, Art. 2190). 1. Plurality of owners;
2. The Object of ownership must be a thing or right
For-damages caused by defects in the construction, which is undivided; and
the contractor is responsible for the damages within 3. Each co-owner’s right must be Limited only to his
15 years from the completion of the same (CIVIL ideal share of the physical whole (DE LEON,
CODE, Art. 1723). Property, supra at 233).

AS TO TREES: CHARACTERISTICS: {(PNoCS-LeG)

Whenever a large tree threatens to fall in such a way 1. Plurality of subjects/owners;
as to cause damage to the land or tenement of 2. There is No mutual representation by the co—
another or to travelers over a public or private road, ~~ OWners;
the owner of the tree shall be obliged to fell and C3 Itexists for the Common enjoyment of the co-
remove it; and should he not do so, it shall be done OWnErs; .
at his expense by order of the administrative 4. There is.a Single object which is not materially
authorities. (CIVIL CODE, Art. 483). divided;
© 5. It has no distinct Legal personality; and
if damages were caused by the falling:of trees 26. tis Govened-first of all by the contract of the
situated at or near highways or-lanes, the owner of parties; otherwise, by special legal provisions;
the tree is liable for damages under the law on guasi- and:
in default ‘of such provisions, by the
delict if it is not caused by force majeure (CIVIL provisions ‘of Title {lf on co—ownership (id. at
CODE, Art. 2191, Par. 3). 234).
SOURCES: (C2LOST)
CO-OWNERSHIP Contract;
Chance;
DORON

(ARTS. 484-501) Law;

Qccupation;
Succession, and
Testamentary disposition or donation inter vivos
CO-OWNERSHIP (ld. at 236-237).
There is co-ownership whenever the ownership of an
undivided thing or right belongs to different persons CO-OWNERSHIP V. PARTNERSHIP
(CIVIL CODE, Art. 484).

By the nature of co—ownership, a co—owner cannot

point to any specific portion of the property owned in
common as his own because his share in it remains Can be created | Can be created only by
intangible and ideal (Avila v. Sps. Barabat, G.R. No. without the formalities | contract, express ofr
141993, March 17, 2006). of a contract. implied.

Before the partition of a land or thing held in common,

no individual or co-owner can claim title to any
Has no juridical or | Has juridical personality
definite portion thereof, All that the co-owner has is
legal personality. distinct from the partners.
an ideal or abstract quota or proportionate share in
 PROPERTY
Civil Law

Purpose is collective | Purpose is to obtain Each co-owner may | Each joint-enant cannot
enjoyme
of the nt
thing. | profits. dispose of his ideal | dispose of his own share
share without the | without the consent of all
consent of the others. | the others.

Co-owner can | A partner, unless :

dispose of his shares | authorized, cannot In case of death, the {In case of death, the
without the consent of | dispose of his share and share of the co-owner | share of the joint-tenant
the others with the { substitute another as a descends to his {| goes or accrues to the
transferee partner in his place. estate. other joint-tenants
automatically
becoming a co-owner,

Prescription runs | Prescription does not run

against all co-owners, | against all the joint
There is no mutual | A partner can generally even if one of them | tenants, if one of them is
representation. bind the partnership. happens to be ala minor or is under legal
I arms minor. disability.
(ld. at 237-238),
Distribution of profits | Distribution” of profits. is
must be proportional | subject to the stipulation RIGHTS OF EACH CO-OWNER AS TO
to the respective | of the parties. THE THING OWNED IN COMMON:
interests of the co-| (US-BRA-PLDP) *
owners. - ; ;
1. To Use the thing owned in common (C/ViL
CODE, Art. 486).
A co-awnership is not | Death “or incapacity | Limitations: :
dissolved by the death | dissolves
the partnership a. The co-owner must do so in accordance with
or incapacity of a co— : : the purpose for'which it is intended; and
owner. :
NOTE: Mere tolerance on the part of the co-
owners cannot legalize the change in the use
No public instrument | May be made in any form of a thing from that intended by the parties.
needed even if real | except when real oo b
property is the object | property is contributed. In'such a way as not to injure the Interest of
:
of the co-ownership. the co-ownership or prevent the other co-
owners from using it according to their rights
(CIVIL CODE, Art. 486).

An agreement to keep | There may be agreement
the thing undivided for [as to a definite term
a period of more than | without limit set by law.
ten (10) years is void.
(id. at 238-239).
CO-OWNERSHIPV. JOINT
Each co-owner owns | Each joint-tenant and all
his ideal share in the | of them own the whole
whole property. property. i others could have rented the same, but only
lllustration: A and B owned in common a two-
story house. The upper floor was used as a
dwelling; the lower was available for rent by
stores. If A, lives in a room on the upper floor, and
uses a room on the lower floor as an office, can
B demand rent?
a. No rent for the upper floor can be demanded,
OWNERSHIP for A was exercising her right as co-owner,
without prejudicing B who, had she wanted,
could have also lived in another room of said
floor, and who therefore could not have been
prejudiced.
b. Half-rental may be demanded for the use of
the lower floor. Rent could be asked because
half should be giveh because A was a co-
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owner (Pardell v. Bartolome, G.R. No. 4656, NOTE: No such waiver shall be made if it is
November 18, 1912). prejudicial to the co-ownership (CIVIL CODE, Art.
488).
To Share in the benefits and charges in
proportion to the interest of each. Any Renunciation is not allowed if the co-ownership
stipulation to the contrary is void (CIVIL will be prejudiced, as in the case of a house which
CODE, Art. 485). is badly in need of repairs in order to prevent a
collapse, the waiver in this case is void, in which
REASON: It is contrary to the essence of co- case the other co-owner may proceed to have it
ownership (2 PARAS, supra at 323). repaired, and the co-owner who has made a
previous renunciation would still be liable (2
The interests of the co-owners are presumed TOLENTINO, supra at. 177).
equal unless the contrary is proved (CIVIL
CODE, Art. 485). Rules on Renunciation:
a.. Ifthe renunciation is in favor of the co-owner
NOTE: Art. 485 speaks of “stipulation in a creditor who has not yet been paid, said
contract.” If the co-ownership is created other creditor must give consent. This is a case of
than by a contract, such as by will or by donation, dacion en pago,
the share of the co-owners need not be b. If the renunciation is made in favor of the co-
proportionate to their respective interests (2 owner/s, a novation (in the form of
PARAS, supra at 322). substitution of debtor/ subjective novation)
would result. Thus, consent of said other co-
if a co-owner has paid the taxes to prevent owner/s and of the creditor is required (2
PARAS, supra at 333).
forfeiture of the common property for ‘tax
delinquency, he could compel contribution from
his co-owners (Id. at 323). sNoter The: creditor's consent would be needed
only:if expenses have already been incurred,
To the Benefits of prescription: otherwise; there would be as yet no creditor (DE
LEON, 12011, Property, supra at 245).
prescription by one co-owner benefits all
Reimbursement covers only necessary expenses
(DE LEON, Property, supra at 267).
{2 PARAS, supra at 333).
Repairs and taxes: Each: co-owner shall
To.consent to Alterations: None of the co-
have a right to compel the other co-
owners shall without the consent of the
owners to contribute to the expenses of
others, make alterations in the thing
the preservation of the thing or right owned in common, even though benefits to
owned in common and to the taxes (C/VIL
forall would result therefrom (CIVIL CODE, Ht
CODE, Art. 488). )
“AR497). ’
Rl
Repairs for preservation may be made at will of
However, if the withholding of the consent by one
one of the co-owners, but he must, if practicable, “Qo
first notify his co-owners of the necessity for such
or more of the co-owners is clearly prejudicial to ow
the common interest, the courts may afford
repairs (CIVIL CODE, Art. 489).
adequate relief (CIVIL CODE, Ari. 491).
-
The co-owners who should have been notified
Alteration
will not ‘be required to contribute to expenses
An act by virtue of which a co-owner changes the
which are excessive. They may show, for
thing from the state in which the others believe it
instance, that if the required notice had been
should remain, or withdraws it from the use to
given, they could have obtained other means of
which they desire it to be intended. It is not limited
effecting the repairs which are not as costly as
to material or physical changes (2 TOLENTINO,
that availed of by the co-owner who made or
supra at 192).
ordered them (2 TOLENTINO, supra at 179).
NOTE: However, it should not be understood to
Any one of the co-owners may exempt himself
include any change which a co-owner inay make
from this obligation by renouncing so much of his
in the common property, but only that which
undivided interest as may be equivalent to his
modifies and limits, and above all, prejudices the
share of the expenses and taxes (C/VIL CODE,
condition of the thing or its enjoyment by the
Art. 488).
others (/d.).
 PROPERTY
Civil Law

For the purpose of legalizing the alteration of the and not for the co-ownership, the action will not
common property, the consent may be either prosper (Adiawan v. Adfawan, G.R. No. 161916).
express or tacit. A co-owner who knows the
alteration but does not interpose any objection is 9. To demand Partition at any time (CIVIL
deemed to tacitly consent to such alteration (/d.). CODE, Art. 494). :

Effects of an lilegal Alteration: GENERAL RULE: Partition is demandable by

A co-owner who makes alteration without the any of the co-owners as a matter of right at any
express or implied consent of the other co- time (CIVIL. CODE, Art. 494).
owners acts in bad faith because he does so as
if he were the sole owner. Thus, EXCEPTIONS: (SC-LUPA)
a. The co-owner responsible may lose what he a. Whenthereisa Stipulation against it; but not
has spent; to exceed 10 years. However, the term may
b. Demolition can be compelied; be extended as many times as the co-owners
¢. He would be liable for losses and damages; may stipulate but every extension must not
and exceed 10 years (CIVIL CODE, Art. 434);
d. Whatever benefits the co-ownership derives b. When the Condition of indivision is imposed
will belong to it (3 MANRESA as ciled in 2 by the donor or testator; but not to exceed 20
PARAS, supra at 349). years (CIVIL CODE, Art. 494); )
c. When the Legal nature of the community
To Protest against seriously prejudicial “prevents partition;
decisions of the majority (clit CODE, Art. d. - When partition would render the thing
492). i Unserviceable (CIVIL CODE, Art. 495),
“&: . When_parlition is Prohibited by law (CIVIL
Legal redemption: to be exercised within : CODE; Art. 494); and
30 days from written notice of sale of an f. When Another co—owner has possessed the
undivided share of another co-owner to a property‘as an exclusive owner for a period
sufficient to: acquire it by prescription.
stranger (CIVIL CODE, Aris. 1620 and 1623)...
To Defend the co-ownership’s interest in PERPENDICULAR OWNERSHIP
court (DE LEON, Property, supra. at253-258). One where the different stories of a building belong
to different’ persons, as distinguished from an
Anyone of the co-owners may bring an action for - ordinary.case of cd-ownership where all the floors
ejectment (CIVIL CODE, At. 487). ‘ and. everything. else belong to all co-owners (CIVIL
CODE, Art. 430).
Art. 487 allows a co-owner to bring‘an action for
ejectment which covers all kinds of actions for the NOTE: The above form of ownership is different from
Recovery of Possession, including Forcible Entry. condominium (DE LEON, Property, supra at 252). A
and Unlawful Detainer, without the necessity of horizorital eo-ownership is one where various units
joining all the other co-owners as Co-plaintiffs are in‘one plane as when one-story units all set on
because it is deemed to be instituted forthe ‘the ground (2 PARAS, supra at 332).
benefit of all (2 PARAS, supra at 329; Heirs of
Ampil v. Manahan, G.R. No. 175990, October 11, RULES IN THE ABSENCE OF CONTRARY
2012). PROVISION IN THE TITLES OF
OWNERSHIP OR AGREEMENT (CIVIL
Only one of the co-owners, namely the co-owner
CODE, Art. 490):
who filed the suit for the recovery of the co-owned
property, is an indispensable party thereto. The 1. Proportionate contribution is required for the
other co-owners are not indispensable parties, preservation of:
They are not even necessary parties, for a a.. The main walls;
compiete relief can be afforded in the suit even b. The party walls;
without their participation, since the suit is c. The roof; and
presumed to have been filed for the benefit of all d. Other things or areas used in common.
co-owners (Catedrilla v. Lauron, G.R. No.
179011, April 15,2013). 2. Each floor ewner must bear the expenses of his
floor.
If the action is for the benefit of the plaintiff alone,
such that he claims the possession for himself 3. Expenses of all owners pro rata:
a. The floor of the entrance;
b. The front door;
 MEMORY AID
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¢. The common yard, modifications made are | changes, modifications

d. Sanitary works common to all; and simple administration. made are alterations.
e. Stairs from the entrance to the first story.
(2 TOLENTINO, supra at 195).
4. Stairs are to be maintained from story to story, by
the users (stairs from entrance to first stcry at the 2. Enjoyment; and
expense of all owners aside from the owner of the
ground floor, the stairs from the second story at 3. Improvement or embellishment (DE LEON,
the expense of all except the owner of the ground Property, supra at 255).
floor and first story, and so on).
Majority
NOTE: Ground floor, if any, is distinguished from Consists of co-owners who represent the controlling
the first story (2 PARAS, supra at 337). interest in the object of the co-ownership (CIVIL
CODE, 492) i.e., at least more than 50% of the
Ground Floor — The floor of a building most nearly financial interest (DE LEON, Property, supra at 256).
on a level with the ground (MERRIAM-
WEBSTER, 2017). LIMITATIONS:
1. Before a decision is made, there should first be a
First Floor — The floor next above the ground floor notice to the minority so that they can be heard,
(Id). 2. The majority would be justified in proceeding only
when the urgency of the case and the difficulty of
THE FOLLOWING QUESTIONS ARE meeting with them render impracticable the
DETERMINED BY THE MAJORITY OF | giving of such notice; and
INTERESTS: 223. Minority may appeal to the court when:
2. Theres no real majority;
1. Administration or Management; & b:x: Decision is seriously prejudicial to individual
"rights of co-owners;
Characteristics: :
c. Thergis fraud,
a. Those that do not involve an alteration;
d. Alteration is agreed upon; and
b. Are renewable from time to time;
e. Refusal to correct abuse of administration
¢c. Do not bind the community fora long time in
(2:PARAS: supra, at 357).
the future (transitory effect);
d. Do not give rise to a real‘right ovet:the thing
owned in common: (REYES-PUNO, ACTIONS REQUIRING THE CONSENT
Philippine Civil Law, supra at 73); ) “OF CO-OWNERS .
e. Do not affect the substance or nature of the
thing; and
f. For the common benefit of all: {2 PARAS, Repaits; ii ejectment One co-owner (CIVIL
supra at 357). actions CODE, Art. 489)
NOTE: Minority may appeal to the court against Alterations or Acts of | All of the co-owners
the majority's decision if the same is seriously ‘Ownership | (CIVIL CODE, Art. 491)
prejudicial (CIVIL CODE, Art. 492).
All others (e.g. useful | Financial majority of the
ADMINISTRATION V. ALTERATION improvements, . co-owners (CIVIL
embellishments, CODE, Arts. 489 and
administration and | 492).
better enjoyment).

Refers to thé enjoyment Has a more permanent RIGHTS AS TO THE IDEAL SHARE OF
of a thing and is of a
transitory character.
result and relate to the
substance or form. of
EACH CO-OWNER (CIVIL CODE, ART.
the thing. 493)
1. Each has full ownership ‘of his part and of his
share of the fruits and benefits;
2. Right to substitute another person in its
When nature of a thing When nature of the enjoyment, EXCEPT when personal rights are
requires modification or thing does not require involved or for the purpose of giving the thing a
changes (such as an modification or different use from that agreed upon;
industry or busingss),
 PROPERTY
Civil Law

Personal rights — used in its real meaning and not (Magsano v. Pangasinan Savings and Loan
in its legal or technical sense; it is the right which Bank, Inc., G.R. No. 215038, October 17, 2016).
cannot be transferred because it affects the
personal relations of the co-owners with one In such cases, the remedy is to ask for partition, -
another. not to ask for the nullity of the sale {Aguirre et. al
v.CA, G.R. No. 122249, January 29, 2004).
3. Right to alienate, assign, or mortgage, dispose or
encumber; Forged Special Power of Attorney to mortgage a
4. Right to exempt himself from necessary real property made by a co-owner shall be valid
expenses and taxes by renouncing part of his only insofar as the share of the forging co-owner
interest in the co-ownership (2 PARAS, supra at (Rural Bank of Cabadbaran, Inc. v. Melecio-Yap,
359-360); and G.R. No. 178451, July 30, 2014).
5. He may demand partition of the thing owned in
common, in so far as his share is concerned
DONATION OF CONJUGAL PROPERTY
(DE LEON, Property, supra at 257).
The spouses are the absolute owners of their
undivided one-half interest over a conjugal property.
NOTE: This right is without prejudice to the
The donation by one spouse of a conjugal property
exercise by the others of the right of legal
without the consent of the other spouse will transfer
redemption under Art. 1620.
title only to the extent of the one-half undivided
portion of that property by the donor-spouse. The
SALE OR MORTGAGE OF COMMON. donations not wholly void ab initio. Accordingly,
PROPERTY vendegs in“the subsequent sale of the subject
1. Undivided portion propetty, is. corifined only to the one-half undivided
— transferee does not acquire any specific ar. portiori-thereof (Spouses Carlos v. Tolentino, G.R.
determinate physical portion of. the “whole No: 234533, June 27, 2018).
property (id. at 258). SE
RIGHT OF A CO:OWNER TO DEMAND
2. Definite portion PARTITION
— valid; subject to the intere’st of the vendor (Id. at No co-owner shall be obliged to remain in the co-
258). ownership. Each co- -OWner may demand at any time
the partition of the thing owned in common, insofar as
3. Whole property . : hig share iis: concerned (cv CODE, Art. 494).
— valid only insofar as the co- owners’share is
concerned, unless the sale is atithorized by the REASONS:
other co-owners’ right to'renounce part of his 1..-Law discourages €o- ownership; and
interest to reimburse necessary, expenses 2.76 remain in the co-ownership is to subject a.
incurred by another co-owner. (ld. at 260). person: to the desires of the rest; conflicts in
management: being bound to arise (2 PARAS,
4. Transactions entered into by each Co
© supra ar-362).
owner only affect his ideal share (1d);
- PROHIBITION TO PARTITION BECAUSE
When a co-owner sells the whole property as his,
OF AN AGREEMENT (CiViL CODE, Art.494):
the sale affects only the seller's share pro indiviso
1. Period must not extend more than 10 years;
and the transferee gets only what corresponds to
2. fit exceeds 10 years, the stipulation is valid only
his grantor’s share in the partition of the property
owned in common. Since a co-owner is entitled insofar as the first 10 years;
to sell his undivided share, a sale of the entire 3. There can be an extension but only after the
property by one co-owner without the consent of
original period has expired; and
4. After the first extension, there can be another,
the other co-owners is not null and void; only the
rights of the co-owners/seller are transferred,
and so on indefinitely, as long as for each
thereby making the buyer a co-owner of the extension, the period of 10 years is not exceeded
(3MANRESA as cited in 2 PARAS, supra.at 362).
property (Oesmer v. Paraiso Development Corp.;
G.R. No. 157493, February 5, 2007).
PARTITION
The effect of the alienation or the mortgage, with Partition is the separation, division, and assignment
respect to the co-owners, shall be limited to the of a thing held in common ameng those to whom it
portion which may be allotted to him in the may belong. it may be effected extrajudicially by the
division upon the termination of the co-ownership heirs themselves through a public instrument filed
 [202002 soon]

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before the register of deeds (Espinas-Lanuza v. As between the parties, a public instrument is neither
Luna, Jr, G.R. No. 229775, March 11, 2019). constitutive nor an inherent element ot a contract of
partition. Since registration serves as constructive
An action for partition is at once an action for notice to third persons, an oral partition by the heirs
declaration of co-ownership and for segregation and is valid if no creditors are affected. Moreover, even
conveyance of a determinate portion of the properties the requirement of a written memorandum under the
involved (Balo v. CA, G.R. No. 129704, September statute of frauds does not apply to partitions effected
30, 2005). by the heirs where no creditors are involved
considering that such transaction is not a conveyance
REASON: The policy of the law is not to favor co- of property resulting in change of ownership but
ownership’ becausc it Is not conducive to the merely a designation and segregation of that part
development of the community property particularly which belongs to each heir (Espinas-Lanuza v. Luna,
where it involves real estate (DE LEON, Property, Jr, G.R. No. 229775, March 11, 2019).
supra at 272).
Mere receiving of rents or profits, payment of taxes,
NOTE: The thing itself may be physically divided, or or construction of a fence or building would not be
if not, its value may be partitioned (7 MANRESA as sufficient proof of exclusive or adverse possession
cited in 2 PARAS, supra at 362; Art. 1079). Partition because anyone in the co-ownership may do it
is governed primarily by the Civii Code and {Laguna v. Levantino, G.R. No. L-47386, April 18,
suppletorily by the pertinent provisions of the Rules 1941).
of Court particularly Rule 69.
The act of executing the affidavit of self-adjudication
GENERAL RULE: Under Art. 494, Par, 5 of the Civil did not constitute sufficient act of repudiation. In fact,
Code, prescription does not run in favor of or against “there was bad faith of the co-heir in feigning sole
Ei

a co-owner or co-heir. “=ownership of the property to the exclusion of the other

©. gcorheirs {532 v. CA, G.R. No. 157954, March 24,
REASON: Possession of the co-owner or co-heir is +2006).
ordinarily not adverse to the others, but, in fact,.
beneficial to all of them. The possession of a co-. While it is trig that registration under the Torrens
owner is similar to that of a trustee (DE, LEON, . system is constructive notice of title, the Torrens title
Property, supra at 267). - ". does not furnish a:shield for fraud. Thus, where one
registered the-property ih question in his name in
EXCEPTION: Where a cdiouhar or. co-heir is.;00-heits, prescription can only be
repudiates the co-ownership: or _ co-heirship, y menced from the time the latter
prescription begins to run from. the time of discovers the fraudulent act {Adille v. CA, G.R. No. L-
repudiation, subject to the concurrence of following © 44546, January 29, 1988).
conditions: (PUKE)
1. - His Possession is open, continuous; exclusive, * ‘Redemptior-of the whole property by the co-owner
and notorious; does not vest in him sole ownership over the said
2. The co-owner has performed Unequivocal acts of property. Redemption duly made within the period
repudiation amounting to an ouster of the other prescribed by law inures fo the benefit of the co-
co-owners; ownership and does not put an end to its existence
3. Such positive acts of repudiation have been (Mariano v. CA, G.R. No. 101522, May 28, 1993).
made Known to the other co-owners; and
4. The Evidence thereof is clear and convincing RIGHTS/PARTICIPATION OF
“(Robles v. CA, G.R. No. 123509, March 14,
CREDITORS AND ASSIGNEES OF THE
2000).
CO-OWNERS IN THE PARTITION (CIVIL
NOTE: A co-owner cannot, without the conformity of CODE, ART. 497)
the other co-owners or a judicial decree pursuant to 1. Scope of Creditors or Assignees
Rule 69 of the Rules of Court, adjudicate to himself in As the law does not distinguish, creditors include
fee simple a determinate portion of the lot owned in all kinds of creditors provided they became so
common, to the exclusion of other co-owners (Def during the existence of the co-ownership.
Blanco v. IAC, G.R. No. 72694, December 1, 1987).
Assignees are transferees of interests of one or
An agreement of partition, though oral, is valid and more of the co-owners (DE LEON, Property,
consequently binding upon the parties (Caro v. CA, supra at 277).
~ G.R. No. L-46001, March 25, 1982).
 PROPERTY
Civil Law

Hlustration: A, B, and C are co-owners. A sold NOTE: The sale shall be resorted to only when the
his share to X. Who is entitled to participate in the property cannot be divided without prejudice to the
partition, A or X? co-owners, and the co-owners cannot agree (DE
LEON, supra at 267).
Answer: It depends.
a. If A had sold his whole interest, and has ‘PROTECTION ON THE RIGHTS OF THIRD
delivered same, then X should participate (X
PERSONS
is participating as a co-owner).
The partition of a thing owned in common shall not
b. If A had sold only part of his share, or even prejudice third persons, who shall retain the rights of
if he sold his entire share, he has not yet mortgage, servitudeor any other real rights belonging
delivered same to X, both A and X are to them before the division was made. Personal rights
allowed to participate in the partition. (A pertaining to them against the co-ownership shall
parlicipating as co-owner and X as assignee) also remain in force, notwithstanding the partition
(2 PARAS, supra at 382 - 383). (CIVIL CODE, Art. 499).

2. Right of notice of partition EFFECTS OF PARTITION (CIVIL CODE,

While the law does not expressly require ARTS. 500 AND 501)
previous notice of the proposed partition be given 1. Mutual accounting for the benefits received
to the creditors and assignees, since they are (CIVIL CODE, Art. 500); }
granted the vight to participate, they have also the 2. Mutual reimbursements for expenses (ie.
right to be notified thereof, such-that in the necessary expenses, taxes, and others in proper
absence of such notice, the partition will-not be cases) (CIVIL CODE, Art. 500);
binding on them (De Sanios v. Bank.-of the 3. Indemnity ‘for damages caused in case of
Philippine Islands, G.R. No. 44065, July--30,” negligence or fraud (CIVIL CODE, Art. 500);
1938). 4. Reciprocal warranty for defects of title or quality
of the portien assigned to a co-owner (CIVIL
3. Right to object to or impugn CODE, Art."501);
a. If notice is given, it i$ their duty to appear and 5. Each; former. co-owner is deemed to have had
make known their position; they may concur exclusive possession of the part allotted to him
with proposed partition. or object to, its being for the entire period during which the co-
affected. possession lasted (CIVIL. CODE, Art. 543); and
b. If no notice is given the creditors or 6. Partition confers+upon each, the exclusive title
assignees may question the partition already over his respective share (CIVIL CODE, Arn,
made (DE LEON, Property, supra at 278- 1091).
279). :
| GROUNDS FOR THE EXTINGUISHMENT
However, they cannot impugn any “partition OF CO-OWNERSHIP: (JEX-COS-M-LEx-
already executed, unless: - ;
a. There has been fraud; or :
T9..
b. The partition was made notwithstanding a 1: ‘Judicial partition;
formal opposition presented to prevent it 2: ‘Exirajudicial partition;
(CIVIL CODE, Art. 497).
NOTE: The possession of a co-owner cannot
NOTE: The debtor or assignor has always the ripen into ownership because the possession is
right to maintain its validity of the partition (DE merely in the concept of a trustee for the other
LEON, Property, supra at 279). co-owners (Salvadorv. CA, G.R. No. 55691, May
21, 1992).
PARTITION IN CASE CO-OWNERS
There is juridical dissolution of co-ownership
CANNOT AGREE/THING IS when the thing is sold, either publicly or privately,
ESSENTIALLY INDIVISIBLE (CIVIL CODE, to a third person (Republic v. Baltazar-Ramirez,
ART. 498) GR. No. 148103, July 27, 2006).
Whenever the thing is essentially indivisible and
the co-owners cannot agree: 3 When by prescription, one Co-owner has
Firstly, the property may be adjudicated to one of the acquired the whole property by adverse
co-owners, who shall indemnify the other. possession as against all the others, and
repudiating unequivocally the ownership of the
Otherwise, it shall be sold, and the proceeds other;
distributed (DE LEON, Property, supra at 280).
 MEMORY AID
San Baca University Ceitaga of Law ~ RCT Bar Operations Cenier

When a Stranger acquired by prescription the ' MINERALS (CIVIL CODE, Art. 519)
+

thing owned in common; Laws Governing Minerals:

Merger in one co-owner, 1. Before 1902: R.D. Sobre Mineria 1867;
®~Ne OU

Loss or destruction; 2. Between 1902-1906: The Philippine Bill of 1902

Expropriation (PARAS, Property, supra at 348), and Legislative Acts;
By the Termination of the period agreed upon or 3. Art. Xl of the 1987 Constitution; and
imposed by the donor or testator, or of the peried- 4, Present: Mineral Resources Development
allowed by law (CIVIL CODE, Art. 494, Pars. 2 Decree of 1974 (P.D. Nn, 463) and the Civil Code
and 3); and of the Philippines.
9. By the sale by the co-owners of the thing to a
Third person and the distribution of its proceeds Minerals
among them (CIVIL CODE, Art. 498). All inorganic substances found in nature, whether in
solid, liquid, gaseous, or any intermediate state, with
the exception of soil which supports the organic life,
and of ordinary earth, gravel, sand, and stone which
SOME SPECIAL are used for building or construction purposes (C.A.
Nc. 137, Sec. 7).
PROPERTIES
(ARTS. 502-522) Mineral Lands
Are those in which minerals exist in sufficient quantity
or quality to justify the necessary expenditures to be
incurred’ in extracting and utilizing such materials
WATERS (CIVIL CODE, Arts. 502-518) ~ (P.D. No. 463, Sec. 2).
Laws Governing Waters:
1. Civil Code of the Philippines; 5 TRADEMARK AND TRADE NAMES (CIVIL
2. Spanish Law on Waters of August 3, 1866; CODE, Adds. 520 and 523)
3. The Irrigation Acts, Act 2152 -and its Mark
amendments; Is any visible: igh capable of distinguishing the goods
4. Water Power Act No. 4062; ) = ar services; of an enterprise and shall include a
5. Art. Xl, Sec. 2 of the 1987 Constitution; and stamped or marked container of goods (R.A. No.
‘6. Water Code of the Philippines (P.D. No. 1067). ©. 8293, Sec. 121).
© Classification: service ‘mark js used in the sale or advertising of
1. Waters public per se (water is the principal); the “i services. to identify the services of one person and
bed follows the character of the water. 7 distinguish them from services of others, and includes Lim
Running water {CIVIL CODE, Art. 502).
“rwithout limitation the marks, names, symbols, titles, =
‘:desighations; slogans, character names, distinctive i »
features of radio or other advertising (DE LEON,
2. Waters public or private according to their bed Property, supra at 327).
(water is accessory to bed). OQ
“a. Subterranean waters (CIVIL CODE, Arts. Trade Name - or.
502 and 503); Is a name or designation identifying or distinguishing - Oa
b. Subterranean waters rising to the surface an enterprise (R.A. No. 8293, Sec. 121).
continuously or intermittently (CIVIL CODE,
Arts. 502 and 503); Laws Governing Trademarks and Trade names:
¢. Non-running water (CIVIL CODE, Arts. 502 1. Intellectual Property Code (R.A. No. 8293); and
and 503), and 2. Civil Code of the Philippines
d. Rainwater (CIVIL CODE, Arts. 502 and 503).

3. Waters public by special provision.

a. Waters within the zone of public works, even
if constructed under a contract (C/VIL CODE,
Art. 502);
b. Private water after leaving the estate of origin
(CIVIL CODE, Aris. 502, 507 and 514); and
c. Waste water of fountains, sewers, and. pubtic
establishments (C/VIL. CODE, Art. 502).
 PROPERTY
Civil Law

incapable of understanding the import of

POSSESSION their actions (/d.).

(ARTS. 523-561) iti. By virtue of one’s own Right — in his own

name or in that of another (/d.).

POSSESSION DISTINGUISHED FROM

CONCEPT: OWNERSHIP
1. As an act }
1. A person may be declared the owner but he may
— {holding) the holding of a thing or the enjoyment
not be entitled to possession.
of a right with the intention to possess in one’s
2. A person may have introduced improvements
‘own right (CIVIL CODE, Art. 523).
thereon of which he may not be deprived without
due hearing. He may have other valid defenses
As a fact to resist surrender of possession.
— (existence) when there is holding or enjoyment
Judgment for ownership does not necessarily
(CIVIL CODE, Art. 523).
include possession as a necessary incident. (Id.
At 458).
The fact of possession gives rise to certain rights
and presumptions, such as the right to be
There is ownership when a thing pertaining to one
respected in his possession, and should he be.
person is completely subjected to his will in a manner
disturbed therein, he shall be protected in or: not prohibited by law and consistent with the rights of
restored to said possession (CIVIL CODE, Art =
others: Possession is the holding of a thing or the
539). -
enjoyment of a right. Literally, to possess means to
_actually-and physically occupy a thing with or without
Possession is not a definitive proof of ownership
right (bE LEON, Property, supra at 325).
nor is non-possession inconsistent therewith
(Heirs of G. Bofill v. CA, G:R No: 107930,
October 7, 1994). 1t i well-established that
DEGREES:
ownership and possession” are two entirely 1. Grammatical Degree
different legal concepts: (Heirs of Spouses Arcilla Possession without any title whatsoever— mere
v. Teodoro, G.R. No. 162686, - August ,| 2008). holding without -any right at all (e.g. thief or
squatter) (/d. at 339);
As a right ;
-- (consequences) the right of a¢ Terson fo*held or Juridical Possession :
enjoy to the exclusion of all others having hetter Possession with juridical title — predicated on
right than the possessor. juridical relation existing between the possessor
and the owner (e.g. lessee, usufructuary,
a. Jus possidendi- right to possession which “depbsitary, agent, pledgee and trustee) (/d.);
is incidental ‘to or included"in the’ right of
ownership. (e.g., | own a housé: therefore, | Real Possessory Right
am entitled to possess it) (PARAS, supra at Possession with just title — the possession of an
456); or adverse claimant whose title is sufficient to
b. Jus possessionis — right of possession transfer ownership but is defective (e.g., when
independent from the right of ownership. the seller is not the true owner or could not
(e.g., | am renting a house form C. Although transmit his rights thereto to a possessor who
I am not the owner, still by virtue of the lease acted in good faith) (/d.); or
contract, 1 am entitled to possess the same)
(id.). Dominium
Possession with a title in fee simple — derived
Requisites (RIO): from the right of dominion or possession of an
Occupancy, apprehension, or taking of a owner; the highest degree of possession {/d.}.
thing or right (possession in fact) which
may be actual or constructive (ld. at CLASSES:
457);
1. According to Names under which
i. Deliberate Intention to possess (animus Possession May be Exercised
possidendi); and
a. Inone's own name (CIVIL CODE, Ant. 524) —
NOTE: An insane or demented person where possessor claims the thing for himself;
cannot acquire possession as they are and
 ZONE

MEMORY AID
San Beda University Cuflege uf Law - RGCT Bar Operations Center

b. In the name of another (CIVIL CODE, Art. adverse and in the concept of an owner, must
524) — for whom the thing is held by the fail. Being the owners of the subject property,
possessor. respondents have the right to recover
I. Voluntary — as when an agent possesses possession from the petitioner because such
for the principal (by virtue of an right is imprescriptible. Even if the
agreement); " Department of Education has been
ii. Necessary or Legal — when exercised by occupying the subject property for a
virtue of law, such as possession in considerable length of time, respondents, as
behalf of incapacitated persons, a lawful owners, have the right to demand the
mother for her child and juridical entities: return of their property at any time as long as
or the possession was only through mere
ili. Unauthorized — This will become the tolerance (Department of Education vs. Heirs
~ principal's possession only after there of Banguila, G.R, No. 230399, June 20,
has been ratification without prejudice to 2018).
the effects of negotiorum gestio (2
PARAS, supra at 461). In the concept of holder, possessor holds it
merely to keep or enjoy it, the ownership
NOTE: Landlord is in actual possession pertaining to another person (CIVIL CODE,
through the tenant. Hence, he can also bring Art. 525).
a suit against an intruder (Simpao v. Dizon,
G.R. "No. 452, April 30, 1902). Possessor acknowledges in another a
superior right which he believes to be
2. According to the Concept of Possession ownership, whether his belief be right or
wrong (Carlos v. Republic, G.R. No. 164823,
a. In the concept of owner (enconcepto de . = August 31, 2005).
dueno) — possessor of thing or right, by hig
actions, is considered or believed by others © “HoT “There can be possession in concept
as the owner, regardless of good- of bad faith of botly owner and holder or in neither (DE
of the possessor, recognizing no: title of © LEON, Property, supra at 334).
ownership in another (CIVIL: CODE, “Art.
525). Although the taxable person who has actual
and beneficial use and possession of a
Only the possession acquired and enjoyed jin «propert ma be charged with the payment of
the-concept of owner can serve as 4 title for thereon, such
acquiring dominion (CIVIL CODE, Art. 540). assumption of liability does not clothe the
said person with the legal title or interest over
Such possessor is presumed 10 possess just the property. To rule otherwise would be to
litle and cannot be obliged to show or prove “defeat the true owner's rights by allowing
it (CIVIL CODE, Art. 541). lessees or other occupants of a property to
assert ownership by the simple expedient of
NOTE: It is essential that such flaw or defect redeeming the same at a tax delinquency
in the title must be such that it wili have the sale (Onstott v. Upper Tagpos Neighborhood
effect of invalidating the title. If flaw or defect Association Inc, G.R. No. 221047,
does not result in invalidation of title, he is not September 14, 2016).
merely a possessor in good faith but the
owner. The phrase possessor in good faith 3. According to the Condition of the Mind
presupposes ownership of another (Pershing
Tan Cueto v. CA, G.R.No. L-35648, February a. In good faith, the possessor is not aware that
27, 1987). there is in his title or mode of acquisition a
flaw that. invalidates it (CIVIL CODE, Art.
The Court unequivocally stated that laches 526).
can only apply to one whose possession of
the property was open, continuous, Requisites: (OVI)
exclusive, adverse, notorious, and in the Ostensible title or mode of acquisition;
concept of an owner for a prolonged period i Yice or defect in the title; and
of time. Additionally, physical possession ji. Possessor is Ignorant of the vice or
must be coupled with intent to possess as an. defect and must have an honest belief
owner in order for it to be considered as that the thing belongs to him (CIVIL
adverse. Therefore, the petitioner's claim that CODE, Art. 526).
their possession of the subject lot was
 PROPERTY
Civil Law

Mistake upon a doubtful or difficult question Article 528 of the New Civil Code provide that
of law may be the basis of good faith (CIVIL possession acquired in good faith does not
CODE, Art. 526). lose his character, except in a case and from’
the moment facts exist which show that the
Mistake upon a doubtful or difficult question possessor is not unaware that he possesses
of law, which may be the basis of good faith the thing improperly or wrongfully.
under Art. 526, refers io honest error in the Possession in good faith ceases from the
application of the law or interpretation of moment defects in the title are made known
doubtful or conflicting legal provisions or to the possessors, by extraneous evidence or
doctrines, but is different from “ignorance of by suit for recovery of the property by the true
the law,” as when a person acquired propertly owner. Whatever may be the cause or the
by a deed which is absolutely void because it fact from which it can be deduced that the
is in violation of prohibitory laws (DE LEON, possessor has knowledge of the defect of his
Property, supra at 351). title or mode of acquisition, it must be
considered sufficient to show bad faith (Pen
In bad faith (CIVIL CODE, Art. 526) — Development Corporation and Las Brisas
possessor is aware of the flaw that Resort Corporation vs. Martinez Leyba Inc.,
invalidates his title. G.R. No. 211845, August 9, 2017).

Bad faith does not simply connote bad In the absence of other facts showing the
judgment or negligence: it contemplates a possessors knowledge, good faith is
state of mind affirmatively operating with interrupted from the receipt of service of
furtive design or some motive of self-interest . ¢ judicial. summons (DE LEON, Property,
or ill-will for ulterior purposes (Villanueva v. supra at 354).
Sandiganbayan, G.R. No... 105607, June
21,1993). if dateof service of summons cannot be
determined, then good faith is deemed
Only personal knowledge of the flaw in one’s interrupled at the date of filing an answer
title or mode of acquisitionscan make him a (id.). :
possessor in bad faith. itis not transmissible
even to an heir (DE LEON, Property, supra EXTENT OF POSSESSION:
at 354). 1.. Actual possession
~.Qccupancyfi fact of the whole or at least
The distinction between possession in good + substantially the whole property; and
faith and possession in bad faith is of
importance principally'in connection withthe
2. Constructive possession
receipt of fruits and the payment of expenses
~~ Qecupancyof part, in the name of the whole,
and improvements under. Arts. 544.~ 553;
_.utider such circumstances that the law extends
and the acquisition of “ownership “by
the occupancy to the possession of the whole (ld.
prescription under Art. 1127. However, such
distinction is immaterial in the exercise of the
at 340)
right to recover under Art. 539 which speaks
of every possessor (ld. at 347). DOCTRINE OF CONSTRUCTIVE
POSSESSION.
Bad faith is personal. Just because a person Possession in the eyes of the law does not mean that
is in bad faith does not mean that his a man has to have his feet on every square meter of
successors-in-interest are also in bad faith. ground before it can be said that he is in possession
(ld. at 364). (Ramos v. Director of Lands G.R. No. 13298,
November 19, 1918).
A lessee who continues to stay on the
premises after the expiration of the lease Possession can be acquired not only by material
contract is deemed a usurper; as such he has occupation, but also by the fact that a thing is subject
become a possessor in bad faith (Republic v. to the action of one's will or by the proper acts and
Diaz, G.R. No. L-36486, August 6, 1979). legal formalities established for acquiring such right.
Possession can be acquired by juridical acts. These
Possession in good faith is converted to are acts to which the law gives the force of acts of
possession in bad faith from the moment possession. In one case, this Court has considered a
facts exist showing the possessor's - claimant's act of assigning a caretaker- over the
knowledge of the flaw (CIVIL CODE, Ar. disputed land, whe-cultivated the same and built a hut
528). . thereon, as evidence of the claimant's possession of
 MEMORY AID
Sen Beds University College of Lew - RGCT Bar Operations Canter

the said land (Municipal Rural Bank of Libmanan,

Camarines Sur v. Ordofiez, G.R. No. 204663, ACQUISITION OF
September 27, 2017).
POSSESSION
Jurisprudence sfates that the law does not
(ARTS. 531-538)
require a person to have his feet on every square
meter of the ground before it can be said that he
is in possession thereof. In Bunyi vs. Factor, the
Court held that "visiting the property on
ESSENTIAL REQUIREMENTS FOR
weekends and holidays is evidence of actual or
physical possession. The fact of her residence ACQUIRING POSSESSION: (C1)
somewhere else, by itself, does not result in loss 1. Corpus (or thing physically detained); and
of possession of the subject property” (Spouses 2. Intent to possess (expressly or impliedly) (DE
Fahrenbach v. Pangilinan, G.R. No. 224549, LEON, Property, supra af 337).
August 8, 2017).
MANNER OF ACQUIRING POSSESSION
PRESUMPTIONS IN FAVOR OF THE (CIVIL CODE, ART. 531):
POSSESSOR: 1. Material occupation of the thing or
1. Good faith (CIVIL CODE, Art. 527), exercise of a right
2. Continuity of initial good faith (CIVIL CODE, Art. — Includes both actual delivery and constructive
528); i delivery (traditio brevi manu and constitutum
3 Enjoyment in the same character in which possessorium);
possession was acquired until the contrary is
proved (CIVIL CODE, Art. 529), Subjection to our will
Non—interruption in favor of the present: -=. This ingludes tradition longa manu and traditio
possessor (CIVIL CODE, Art. 554) and of symbolica ;
hereditary property (CIVIL CODE, Art. 533);
Continuous possession by the one who recovers 3. Proper acts and legal formalities
possession of which he was wrongfully deprived established for acquiring such right
(CIVIL CODE, Art. 561); . (DE LEON, Property, supra at 358).
Extension of possession of real property to alt
movables
542);
contained therein: {evie GODE, Ar.
“RULES. IN. . THE ACQUISITION OF
Just title (CIVIL CODE, Art. 541); PoSSEasing
Continuity of possession of property unjustly lost = Personally or by the same person who is to enjoy
but fegally recovered (CIVIL CODE, Art. 561);
Possession during intervening period (CIVIL
CODE, Art. 1138, Par. 2); and a." Intent to possess;
10. Exclusive possession of common property by b. Capacity to possess; and
each one of the participants of their allotted share c. Object must be capable of being possessed
upan division (CIVIL. CODE, Art. 543).
Through an authorized person or by his legal
OBJECT OF POSSESSION representative or agent; and
Requisites (PIA):
GENERAL RULE: All things and rights susceptible of
a. Intent to possess for principal;
bei ing appropriated may be the object of possession
b. Authority or capacity to possess; and
(CIVIL CODE, Art. 530). ¢. Principal has intent and capacity to possess.
EXCEPTIONS: (PREP) Through an unauthorized person or by any
1. Property of public dominion;
persons without any power or authority
2. Res communes;
whatscever.
3. Easement; and
4 Requisites (RIC):
Prohibited by law (2 PARAS, supra at 482}.
Intent to possess for another — principal;
pow

Capacity of principal to possess; and

DPnRauntauion
atificating bu
oy meimeinal
pandipal 19
(« DADAC
FARAS, cimra
SUpia aa
486).
NOTE: In No. 3, possession shall not be considered
as acquired until the person in whose name the act of
possession was executed has ratified the same,
 PROPERTY
Civil Law

without prejudice to the juridical consequences of personally or through their parents, guardians, or
negoftiorum gestio in the proper case (/d.). legal representatives (CIVIL CODE, Art. 1107).

ACQUISITION BY SUCCESSION (MORTIS MODES THROUGH WHICH POSSESSION

CAUSA) CANNOT BE ACQUIRED: (FTC)
The rights to succession are transmitted from the 1. Through Force or intimidation, AND as
moment of the death of the decedent. (CIVIL CODE, long as there is a possessor who objects
Art. 777). thereto (CIVIL CODE, Art. 536);
1. Time of Acquisition — If the inheritance is
accepted, the estate is transmitted without For all intents and purposes, a legal possessor,
interruption from the death of the predecessor. even if physically ousted, is still deemed the legal
But the heir who repudiates is deemed never to
possessor because possession cannot be
have acquired possession (C/VIL CODE, An. acquired through force or violence (Cequefia v.
533). Bolante, G.R. No. 137944, April 6, 2000).

Note: An heir can sell whatever right, interest or

2. Through mere Tolerance (CIVIL CODE, Art.
* participation he may have in the property under 537); and
administration, subject to the result of said
administration (DE LEON, Property, supra at
Acts merely tolerated are those which by reason
362). of-neighbourliness or familiarity, the owner of
property, allows his neighbour or another person
From the moment of death of the decedent; "each
todo on the property (2 TOLENTINO, supra at
of his heirs becomes the undivided ownerof thé’
268).
whole estate left with respect to: that portion
which might be adjudicated:tg him (ld). .-
It is difficult to "draw a dividing line between
toleranceof the owner and abandonment of his
2. if the inheritance is validly renounced, the heir
rights. when the. acts of the possessor are
is deemed never to have possessed. the same. .
repeated, espetially: when the lapse of time has
(CIVIL CODE, Art. 533):
consolidated: ahd affirmed a relation the legality .
of the origin of which can be doubted. When there
3. Effect of bad faith of the decedent ~ One who is license. or permission, the proof is easy. it is for
succeeds by hereditary title shall net suffer. the
the court to decide In each case whether there
consequences of the wrongful possession of the
exists mere tolerance or an abandonment of
decedent unless it is” shown that he’ had
_ “rights on the part of the owner (4 MANRESA 196-
knowledge of the defects affecting it; but the
"197 as cited in 2 TOLENTINO, supra at 269).
effects of possession in good faith shall not
benefit him except from the death of the-decedent Se Silence or inaction is negligence, not tolerance.
(CIVIL CODE, Art. 534).
But where a'person occupies another's land with
“the ‘latter's permission (tolerance), the occupier,
Tacking of Possession: The latter part of Art no.miatter how lang he may remain, can never
534 is not applicable if the father (or decedent)
‘acquire ownership, because he never had
had been in good faith, for the son (or heir) would - oo
possession (2 PARAS, supra at 497).
not suffer. In such a case, the possession of the
father in good faith is added to the possession of
Possession by mere {olerance is not adverse.
the son in good faith, and we cannot say that the
Thus, it does not start the running of the period of
effects of possession in good faith shall acquisitive prescription (Id.).
commence only from the decedent's death.
3. Through Clandestine efforts, secret
ACQUISITION - BY MINORS AND possession, and without the knowledge
INCAPACITATED PERSONS of the possessor of a thing (CIVIL CODE,
Minors and incapacitated persons may acquire the Art. 537).
possession of things, but they need the assistance of
their legal representatives in order to exercise the Requisites:
rights which from the possession arise in their favor a. The acts are not public; and
(CIVIL CODE, Art. 535). b. It must be unknown to the possessor or
owner.
NOTE: Minors and incapacitated persons may
acquire property or rights by prescription, either NOTE: A person who believes himself entitled to
the possession of property may not take the law
 MEMORY AID
San Boda University Colege of Law - RGCT Bar Operations Canter

into his hands (Spouses Antazo v. Doblada, G.R. NOTE: A squatter has no possessory rights of
No. 178908, February 4, 2010) or else he will be any kind against the owner of the land inte which
made to suffer the consequences of his he has intruded (Banez v. CA, G.R. No. 1-30351,
lawlessness (Santiago v. Cruz, G.R. No. 1 -31919, September 11, 1974).
March 24, 1930). For this reason, Article 536
mandates that he must invoke the aid of the POSSESSION IN THE CONCEPT OF AN
competent count, if the holder should refuse to
OWNER OR EN CONCEPTC DE DUENO
aeliver the thing.
Only possession acquired and enjoyed in the concept
of owner can serve as a title for acquiring dominion
CONFLICT BETWEEN SEVERAL (CIVIL CODE, Art. 540) even if he acted in bad faith.
CLAIMANTS:
GENERAL RULE: Possession as a fact cannot be A possessor in the concept of an owner has in his
recognized at the same time in two different favar the legal presumption that he possesses with a
personalities (CIVIL CODE, Art. 538). just title and he cannot be obliged to show or prove it
(CIVIL CODE, Art. 541).
EXCEPTIONS: In case of co—-possession when there
is no conflict and possession in different concepts or Presumption of just title does not apply in acquisitive
different degrees (DE LEON, Property, supra at 371). prescription. The adverse possessor must prove his
just title (DE LEON, Property, supra at 387).
Criteria in Case of Dispute:
1. Present/actual possessor shall be preferred; KINDS OF TITLES:
2. If there are two possessors, the one longer | in
possession;
. 1. True and Valid Title (Titulo Verdadero y
3. If the dates of possession are the same, the ne = Valido)
with a title; and — There was a mode of transferring ownership
4. If all the above are equal, the fact of possession and the grantor was the owner (/d. af 386-367),
shall be judicially determined, and::in the
meantime, the thing shall be placed in judicial... 2. Colorabie Title (Titulo Colorado)
deposit (CIVIL CODE, Ar. 538). ~ There “was such mode of transferring
ownership; BUT the grantor, whom the buyer
befieves to bei the owner, was, in fact, not the
owner (/d. J and
EFFECTS OF itle'{ Titulo Putativa)
POSSESSION — That title although a person believes himself to
ra
(ARTS. 539-554) be the owner, he nonetheless is not because
1s no mode of acquiring ownership (/d.). " =
fet
NOTE: Titulo coloradois what is meant by "just title” Ld
ll « BE
RIGHTS OF EVERY POSSESSOR in the law of prescription, and not titulo verdadero y
valido, for if it were the latter, there could be no
“Qi
(WHETHER IN THE CONCEPT OF AN
OWNER OR A HOLDER):
necessity of still acquiring ownership through
prescription, the grantee being already the owner a
1. To be respected in his possession; and {Solis v. CA, G.R. No. .-46753, August 25, 1989).
2. To be protected in or restored to said possession
by legal means should he be disturbed therein POSSESSION IN THE CONCEPT OF
(CIVIL CODE, Art. 539). HOLDER:
1. Lessees;
A possessor deprived of his possession through
2. Trustees, including: parents over the properties
forcible entry may within ten (10) days from the
of their children; and husband and wife over each
filing of the complaint present a motion to secure other's property;
from the competent court, in the action for forcible
Antichretic creditors;
entry, a writ of preliminary mandatory injunction
sw

Agents;
to restore him in his possession (CIVIL CODE,
Attorney's regarding their client's properties;
Art. 539).
Noo

Depositaries; and
Co-owners (2 PARAS, supra at 523).
REASON: There are many prolonged litigations
between the owner and the usurper and the
NOTE: Possession of real property presumes that of
former is frequently deprived of his possession.
the movabies therein, so long as it is not shown or
 PROPERTY
Civil Law

proved Lhat they should be excluded {CIVIL CODE,

Ant. 542).

Presumption applies whether the possessor be in

good faith or bad faith, in one’s awn name, or in
another's and in concepto de dueno or in the concept Prorated according to To owner.
of holder (2 PARAS, supra at 530). time of possession of
owner and possessor.
RULES ON CO-POSSESSION:
1. Each one of the participants of a thing possessed
in common shall be deemed to have exclusively Indemnity pro-rata to Na indemnity.
possessed the part which may be allotted to him possessor (owner's
upon division thereof, for the entire period during option) in money, or by
which the co-possession lasted; allowing full cultivation
2. Interruption in the possession of the whole or a and gathering of all
part of a thing possessed in common shall be to fruits.
. the prejudice of all possessors; and
3. In case of civil interruption, the Rules of Court
shall apply (CIVIL CODE, Art. 543.).
Keimbursed to Reimbursed to
Possession is interrupted for purposes of prescription possessor, retention. POSSEessor, No.
either naturally or civilly (CIVIL CODE, Art. 1120). retention.
Possession is naturally interrupted when, through any
cause it should cease for more than one year (CIVIL
CODE, Art. 1121).
1. Reimbursement and No reimbursement.
retention: ‘or Right of removal
CIVIL INTERRUPTION 2. May ‘remove useful provided that the thing
When interruption is produced by judicial summons: improvements”if no suffers no injury and
to the possessor, anly those posseassors served with reimbursemeént, and lawful possessor does
judicial summons are affectedd (bg LEON, Property, no | damage. . is not prefer to retain
supra at 390). caused. . to the them by paying the
principal by... the value they may have at
NOTE: Judicial summons shall be. deéined not to removal with right of the time he enters into
have been issued and shall not give rise to reténtion © (CIVIL possession. (CIVIL
interruption: CODE, Art. 546). CODE, Art. 549).
1. fit should be void for lack of legal solemnities;
2. If the plaintiff should desist from the complaint or
should allow the proceedings to lapse; and
3. If the possessor should be absolved from the ..No. reimbursement; 1. No reimbursement;
complaint. and... and
2. Removal without 2. Removal without
In all these cases, the period of interruption shall be injury or injury or
counted for the prescription (CIVIL CODE, Art. 1124; reimbursement of reimbursement of
2 PARAS, supra at 525). amount expended at value at time of
option of lawful recovery at option of
RIGHTS OF A POSSESSOR IN GOOD FAITH pOSSESSOr. lawful possessor.
V. POSSESSOR IN BAD FAITH

Taxes and charges Taxes and charges

1. Chargedto "owner; 1. Charged to owner;
To possessor. 2. Charged to 2. Charged to owner;
possessor; “| 3. To owner
3. Prorated.

Not reimbursed to Reimbursed to

possessor. POSSESSOr. No reimbursement. No reimbursement.
 |: 202021 Five

MEMORY AID
Ban Beda University Colles of Law ~ RGOT Bar Operations Center

summary action, but he may still bring an

action publiciana or rejvindicatoria.

e. By reason of the object

i. Destruction or total loss of the things;
and
Only if acting with | Liable in every case. il. Withdrawal from commerce
fraudulent intent or
negligence, after ACTS NOT CONSTITUTING LOSS OF
SUMMONS (CIVIL POSSESSION (CIVIL CODE, Arts. 537
CODE, Art. 552). 538)
NOTE: Before receipt of 1. Acts executed by stealth and without knowledge
judicial summons, of the possessor;
possessor not liable. 2. Acts merely tolerated either by the possessor or
(PARAS, supra at 537). by his representative or holder in his name unless
authorized or ratified;
3. Violence; and
4. Temporary ignorance of the whereabouts of
To owner or lawful; To owner or lawful movable property.
possessor. possessor.

(DE LEON, Property, supra at 406 to 408). The possessor who recovers possession is
considered as having had uninterrupted
Necessary Expenses possession despite these acts of violence,
Those made for the preservation of the thing stealth, and tolerance; but he musi recover
{2 PARAS, supra at 539). in _.o:possession by” due process and not otherwise
ODE Arts. 561, 5386, 539).
Useful Expenses
Those that add value to property or increase the: Possessoryacts of mere holder do not bind or
object's productivity (/d. at 5417). prejudice the-possessor in the concept of owner,
unless said acts were previously authorized or
Ornamental/Luxury Expenses ratified by the latter (CIVIL CODE, Art. 558}.
Those that add value to the thing only for certain
persons in view of their particular whims; neither POSSESSION OF MOVABLES (CIV
essential for preservation nor useful to everybody in CODE, ART. 659)
general (Id. at 549).

oT 'HEOR OF IRREVINDICABILITY
GENERAL RULE: Possession of movable property
acquired in good faith is equivalent to a title (CIVIL
LOSS OF POSSESSION CODE, Art. 858).
(ARTS. 555)
NOTE: Possession in good faith does not really
amount to title, for the reason that Ark. 1132 of the
Code provides for a period of acquisitive prescription
GENERAL CAUSES: for movables through ‘uninterrupted possession for
1. By the will of the possessor four years in good faith’ (xxx), so that many Spanish
a. Abandonment; and writers, including Manresa, Sanchez Roman,
b. Assignment Scaevola, De Buen, and Ramos, assert that under
2. Against the will of the possessor Art. 464 of the Spanish Code (Art. 559 of the New
a. Eminent domain; Civil Code), the title of the possessor in good faith is
b. Acquisitive prescription; not that of ownership, but is merely a presumptive title
c. Judicial decree in favor of one who has a sufficient to serve as a basis for acquisitive
better right; _ prescription (De Garcia v- Court of Appeals, G.R. No.
d. Possession of another for more than ane L-20264, January 30, 1971).
year;
IHustration: If X buys in good faith books from Y, an
NOTE: This refers to possession de facto impostor, who succeeded in purchasing the books
where the possessor loses the right to a from Z by falsely identifying himself and paying the
price by means of a check which was dishonored, the
 PROPERTY
Civil Law

law establishes an actual right thereto in favor of X. d. Where the sale is made at merchant's stores,
The subsequent dishonor of the check merely fairs or markets (CIVIL CODE, Art. 1505);
amounted to a failure of consideration which does not e. Where the seller has a voidable title, which
render the contract of sale void, but merely allows the has not been avoided at the time of the sale
prejudiced party to sue for specific performance or to the buyer in good faith for value and
rescission of the contract and to prosecute the without notice of the seller's defect if title
impostor for estafa under Art 315 of the Revised (CIVIL CODE, Art. 1506);
Penal Code. (EDCA Publishing v. Santos, G.R. No: f. Where recovery is no longer possible
80298, April 26, 1990). because of prescription (C/VIL CODE, Art.
1132); and
Requisites: (GOV) g. Where the possessor becomes the owner of
1. Possession is in Good faith; the thing in accordance with the principle of
2. Possessor is in the concept of Owner; and finder's keeper (CIVIL CODE, Ant. 719) (DE
3. The owner has Voluntarily parted with the LEON, Property, supra at 415).
possession of the thing (DE LEON, Property,
Supra at 411-412). SUMMARY OF RECOVERY OR NON-
EXCEPTION: One who has lost or has ‘been
RECOVERY PRINCIPLE -
unlawfully deprived of @ movable may recover it from 1. Owner may recover without reimbursement:
whoever possesses it without reimbursement. The a. From possessor in bad faith; and
owner of the thing must prove: (a) ownership-of the b. From possessor in good faith (if owner had
thing; and (b) loss or unlawful deprivation: or bad faith lost the property or been unlawfully deprived
of the possessor (Id. at 420-421). - oft and the acquisition being from a private
person;
If the owner has lost a thing,-or if he.-has been Owner may recover but should reimburse: if
unlawfully deprived of it, he has a right to récover it, possessor acquired the object in good faith at
not only from the finder, thief or rébber. but also from "public sale or auction .
third persons who may have acquired it in good faith 3. Owner cannot recover, even if he offers to
from such finder, thief or robber {Aznar v. Yapdiangco, reimburse:
G.R. No. L-18536, March 31, 1965). a. If possessor had acquired it in good faith by
purchase from:a:merchant’s store, or in fairs
NOTE: “Unlawful deprivation” includes all cases of or- markets in accordance with the Code of
taking that constitute a criminal- offense (DE. LEON, - ‘Commerce and special laws;
Property, supra at 416). b.” if owner is"by his conduct precluded from
~denying the seller's authority to sell; and
EXCEPTIONS TO THE EXCEPTION: (NG) ¢. if the possessor had obtained the goods
Where the owner acts Negligently or. voluntarily because he.was an innocent purchaser for
parts with the thing owned, he cannot recover it value and a holder of a negotiable document
from the possessor; and of title ta the goods (2 PARAS, supra at 566).
2. If the possessor of the movable acquired. itit in
Good faith at a public sale, the owner cannot POSSESSION OF ANIMALS
obtain its return without reimbursing the price Wild animals are possessed only while they are under.
paid therefore keeper (CIVIL CODE, Art. 559, one’s control; domesticated or tamed animals are
Par. 2). considered domestic or tame, if they retain the habit
of returning to the premises of the possessor (CIVIL
NOTE: In the following public sale transactions, CODE, Art. 560). .
the owner cannot recover:
a. Where the owner of the movable is, by his Animals may be: .
conduct, precluded from denying the seller's 1. Wild animals
authority to sell; and Those living in a state of nature independently
b. Where the law enables the apparent owner of and without the aid and care of man (DE
to dispose of the movable as if he were the LEON, Property, supra at 423).
true owner thereof, i.e., Civil Code (Art. 1507-
1520), the Property Registration Decree 2. Domesticated or tamed animals
(P.D. No. 15625), the Negotiable instruments a. Wild or savage by nature but have been
Law (Art. 2031), and the Warehouse subdued and became accustomed to live in
Receipts Law (Act No. 2137), a tamed condition;
¢. Where the sale is sanctioned by statutory or b. Domestic animals - born and reared under
"judicial authority; the control and care of man, lacking the
instinct to roam freely (1d).
 MEMORY AID
2638

San Beda University College of Law - RGCT Sar Operations Canter

NOTE: The possessor or owner of domesticated CHARACTERISTICS: (TRECT)

animals has a period of 20 days counted from the 1. Of Temporary duration;
occupation by another person within which to reclaim
them.
2. Real right of the use and enjoyment of the
property whether or not the same be registered
in the Registry of Property;

USUFRUCT NOTE: It must be registered in the Registry of

(ARTS. 562-612) Property to prejudice third persons (Civil. CODE,
Art. 709)
Purpose is to Enjoy the benefits and derive all
advantages from the thing due to normal
USUFRUCT
exploitation;
Usufruct gives a rightto enjoy the property of another
with. the obligation of preserving its form and May be Constituted on real or personal property,
substance, unless the title constituting it or the law consumable or non—consumable, tangible or
otherwise provides (CIVIL CODE, Art. 562). intangible, the ownership of which is vested in
another; and
THREE (3) FUNDAMENTAL RIGHTS
PERTAINING TO OWNERSHIP (DUF) NOTE: A person cannot create a usufruct over his
1. Jus Disponendi own property and at the same time retain ownership
— Right to dispose, alienate, encumber, of the same for usufruct is essentially jus in re
transform, and destroy; aliena; and to be a usufructuary of one’s own
propertyis, in law, a contradiction in terms and a
2. Jus Utendi conceptual absurdity (Gaboya v. Cui, G.R. No. L-
— Right to use; and
19614 March 27, 1971).
Transmissible (DE LEON, Property, supra at
3. Jus Fruendi 4286).
— Right to the fruits.

DIFFERENCE IN RIGHTS BETWEEN "REQUISITES OF USUFRUCT:

©
USUFRUCT AND NAKED OWNERSHIP Esse
— The mporary right to enjoy another's
property.

and Jus{Jus Disponendi Natural

— The obligation to preserve its form or
substance.
(2 PARAS, supra at 578).
NOTE: Ordinarily this is present, but a contrary
FORMULA: stipulation can eliminate it because it is not
essential (2 PARAS, supra at 578). The
1. Full Ownership = Naked Ownership + Usufruct;
obligation being merely a natural requisite, the
2. Naked Ownership = Full Ownership - Usufruct;
title or law may provide otherwise (CIVIL CODE,
3. Usufruet = Full Ownership - Naked Ownership
Art. 562), giving rise to abnormal, irregular or
(id).
imperfect usufruct (2 PARAS, supra at 579).
Usufruct, in essence, is nothing else but the right to
enjoy another's property. While this right to enjoy the
Accidental
property of another temporarily includes both the jus — Those which may be present or absent
depending upon the stipulation of the parties. (/d.
utendi and the jus fruendy, the owner retains the jus
disponend; or the power to alienate the same (Heirs at 579).
of Jarque v. Jarque, G.R. No. 196733, November 21,
20118)
LUTE). CLASSIFICATIONS OF USUFRLUCT
1. As to Origin (CIVIL CODE, Art. 563):
a. Legal - Constituted by law.

Example: Usufruct of the parents over the

property of their unemancipated children
 PROPERTY
Civil Law

limited primarily to the child's support and b. Singular or Particular - if only individual
secondarily to the collective daily needs of things are included.
the family. (FAMILY CODE, Art. 226); 7. As to Whether or Not Impairment of
Object is Allowed (CIVIL CODE, Art. 562).
b. Voluntary — Constituted by the will of private a. Normal {or Perfect or Regular) that which
persons expressed in acts infer vives or in a involves non-consumable things which the
last will and testament; and ‘usufructuary can enjoy without altering their
c. Mixed — Constituted by prescription (i.e., - form or substance; and
created both by law and by the act of a b. Abnormal (or Imperfect or Irregular) — that
person); which involves things which would be
useless to the usufructuary unless they are
IHustration: Usufruct acquired by consumed or expended.
prescription such as when believing himself
to be the owner of the property of an RULES GOVERNING USUFRUCT:
absentee, gave in his will the usufruct of the
1. The rights and obligations of the usufructuary
property for the requisite prescriptive period
shall be those provided in the title constituting the
to his wife, who possessed it in good faith as
usufruct; or
usufructuary, and naked ownership to his
In default of such title, or in case it is deficient, the
brother (DE LEON, Property, supra at 425).
provisions contained in the Civil Code regarding
~.ysufruct shall apply (CIVIL CODE, Art. 565).
As to Extent of Coverage:
a. Total — constituted on the whol e of the, fruits
of the thing; and OBLIGATION PRESERVE TO THE
b. Partial — a part of the fruits ofthe thing evi OBJECT OF THE USUFRUCT
CODE, Art. 564). GENERAL RULE: Usufructuary is bound to preserve
the form and substance of the thing in usufruct (CIVIL
As to Kind of Object: CODE, Art. 562).
a. Over aright, if it involves intangible property
provided it is not strictly personal or EXCEPTIONS: .
intransmissible; and 1. When the law or the title creating the usufruct
b. Qver things, if it involves: tangible property provides that the usufructuary is not so obliged
(CIVIL CODE, Art. 564). . (CIVIL CODE, Art. 565);
When the usufructincludes things which, without
As to Number of Pérsons: Enjoying the being constimed,” gradually deteriorate through
Right --wearand {ear (CIVIL CODE, Art. 573); and
a. Singular — in favor of one person; and 3: When the usufrugt includes things which cannot
b. Multiple — two or more persons be used withoutbeing consumed (quasi-usufruct)
i. Simultaneously, i.e., at the satne'time or {CWIL CODE; Art. 574).
ii. Successively, i.e, one after the other.
(CIVIL CODE, Art. 564). ~USUFRUCT V. LEASE

NOTE: A usufruct constituted in favor of

several persons living at the time of its
constitution shall not be extinguished until the
death of the last survivor (CIVIL CODE, Ari. Always a real right. Generally, a personal
611). right; However, a
registered lease on
As to Term or Conditions land is a real right.
a. Pure;
b. With a Term or Period,
a. Ex die — from a certain day;
Person creating the | Lessor may not be the
b. In diem - up to a certain day; and
usufruct should be the owner, i.e., sub-lessor,
c. Exdie in diem — from a certain day up to
owner of his duly usufructuary.
a certain day.
authorized agent.
c. Conditional (CIVIL CODE, Art. 564).

As to the Extent of Owner's Patrimony

(CIVIL CODE, Arts. 598-599): May be created by law, Generally created by
a. Universal — if over the entire patrimony; and by contract, by will of the contract.
 MEMORY AID
Ran Beda University College of Law - RGCT Bar Operations Center,

do so, he should pay its value at the time the

usufruct ceases (Id.).
testator, or by b. If deterioration is due to an event or act that
prescription. EXCEPTION: by law, endangers their preservation (fortuitous
i.e, implied new lease. event) (CIVIL CODE, Ar. 1174), the
usufructuary is not responsible. He is,
however, obliged to make the necessary or
ordinary repairs (CIVIL CODF, Art. 592). -
Usufruct generally Lease generally refers
covers all the fruits and to uses only, Le. those NOTE: Ordinary repairs are understood such
all the uses and benefits stipulated. as are required by the wear and tear due to
of the entire property. the natural use of the thing and are
indispensable for its preservation (C/VIL
CODE, Art. 592).
Involves a more or less Lease involves a more
c. [If deterioration is due to fraud (dolo incidente
passive owner who active owner or lessor
or fraud amounting to an evasion of the
allows the usufructuary who makes the lessee
obligation to preserve) or negligence (CIVIL
to enjoy the object given to enjoy the thing CODE Ant. 1174), the usufructuary shall be
in usufruct. leased
obliged to indemnify the owner for any
deterioration they may have suffered by
reason of his fraud or negligence (CIVIL
Usufructuary pays for Lessee is not generally. CODE, Art. 573).
ordinary repairs and | under obligation to}
taxes on the fruits (CIVIL | undertake repairs or NOTE: Such liability however may be set-off
pay taxes. the improvements he may have
CODE, Art. 582).
: “made: CIVIL CODE, Art, 580).
(DE LEON, Property, supra at 428-429).
Of consumable property
SPECIAL USUFRUCTS Whenever the usufruct includes things which
1. On Rent, Pension or Benefits cannot be used without being consumed, the
Whenever a usufruct is constituted on the right to usufrdctuary shall have the right to make use of
receive a rent or periodical pension, whether in - thei obligation of paying their
money or in fruits, or in the interest .on bonds or apprat ltie“at the termination of the usufruct,
securities payable to bearer, each payment due if they were appraised when delivered (CIVIL Te
shall be considered as the proceeds or fruits of CODE, Art. 574). a
such right (civil fruits) (CIVIL CODE, Art. 570) and i” } i
shall be deemed to accrue proportionately to.the cH they were not appraised, he shall have el» al
usufructuary, from the time the usufruct lasts the right to return the same quantity and quality 8 w
(CIVIL CODE, Art. 56%). ; or pay their current price at the time the usufruct ¥g Q.
ceases (CIVIL CODE, Art. 574). jo)
Those that accrue after the termination of the ) 2 [2 of
usufruct belong to the owner (DE LEON, NOTE: This is another instance of abnormal a
Property, supra at 437). usufruct and is sometimes referred to as a [FESR
quasi-usufruct because the form is not really
2. Over things which gradually deteriorate preserved. Thus, this is really a simple loan (2
Art. 573 deals with abnormal or imperfect PARAS, supra at 599).
usufruct. It deals with things that deteriorate
much faster than others such as clothes, On fruit bearing trees and shrubs
vehicles, and computers (2 PARAS, supra at The usufructuary may make use of the dead
597). trunks, and even of those cut off or uprooted by
accident, under the obligation to replace them
Effect of the Deterioration on the with new plants (CIVIL CODE, Art. 575).
Usufructuary’s Liability:
a. If deterioration is due to normal use (wear NOTE: No such obligation exists with respect to
and tear), the usufructuary is not responsiole. those dead trees or shrubs already existing at the
Nor is he required to make any repairs to beginning of the usufruct (CIVIL CODE, Art. 575
restore it to its former condition. He may in relation to Art. 562).
return them in the condition they might be in
at the termination of the usufruct. If he fails to
 PROPERTY
Civil Law

Effect of a Calamity on the Trees and Shrubs NOTE: After a successful judgment, the usuffuct
a. If it is impossible or too burdensome to is now over the thing awarded and not on the right
replace them, the usufructuary may either: to recover (2 PARAS, supra at 605).
i. Use the trunks but should replace them
(CIVIL CODE, Art. 575); or On property owned in common
ii. Leave the dead, fallen, uprooted trunks A co-owner may give the usufruct of his share to
at the owner’s disposal, and demand that another, even without the consent of others,
the latter remove them and clear the land unless personal considerations are present
(CIVIL CODE, Art. 576). (CIVIL CODE, Art. 582 in refation to Art. 493).
b. Ifitis not “too burdensome” to replace them,
he must replace them (whether he uses the The usufructuary in such a case takes the
trunks or not), and he cannot demand owner’s place as to:
clearance of the land by the owner (DE a. Administration (management); and
LEON, Property, supra at 428). b. Collection of fruits or interest (CIVIL CODE,
Art. 582).
5. On woodlands and nurseries
The usufructuary of woodland may enjoy all the Effect of Partition:
benefits which it may produce according to its a. If there be a partition, the usufructuary
nature (CIVIL CODE, Art, 577). continues to have the usufruct of the part
aliotted to the co-owner concerned (CIVIL
In case of usufruct over a woodland which sa a “CODE, Art. 582).
copse or consists of timber for-building, i “bf the partition was dome without the
cutting or feeling the trees, he must: intervention of the usufrucluary, the partition
a. Follow the owner's habit of practices; pinds the" usufructuary. However, the naked
b. In default thereof, the customs ofthe place owner ‘must respect the usufruct (Pichay v.
as to manner, amount, and season; and, Querol, &.R.-No. 4452, October 1, 1908).
c. If there be no custgims,’ the? only time the
usufructuary can cut down trees will be for Of ‘fruitful ‘or. productive livestock
repair or improvement;
but the oWha&r must (livestock): :
first be informed (2 PARAS, supraat 602). If the usufruct be constituted on a flock or herd of
livestock, the ‘usttryctuary shall be obliged to
On aright to recover by court action replace with the young thereof the animals that
The usufructuary of ar action to ‘recover real dig gach year from natural causes, or are lost due
property or a real right or any thovable’ property “tothe? rapagity of beasts of prey (cviL CODE,
has the right to bring the action and to oblige: the i CAR 591).
owner thereof to give him:
a. Authority to bring the action (rough SPAY ; Co : NOTE: This article applies only when the usufruct
and “Js-6n a FLOCK and HERD of livestock (not
b. Furnish him whatever proof: the’ owher may we "_meérel y two or three animals) (2 PARAS, supra at
have (CIVIL CODE, Art. 578). 620)
The Action May Be Instituted in the There iis Obligation to Replace:
Usufructuary’s Name, Subject to . the a. If some animals die from natural causes; or
Following: b. If some animals are lost due to rapacity of
a. Hi the purpose is the recovery of the beasts of prey (id).
property or right, he is still required to
obtain the naked owner's authority; or NOTE: There is the duty to replace even though
b. If the purpose is to object to or prevent the cause is fortuitous. Replacement should be
disturbance over the property, no special made from the young produced (/d.).
authority from the naked owner is needed (2
PARAS, supra at 605). Hlustration: (f 15 cattles died, but only
3 were produced, only 3 must be replaced; hence
Effect of Judgment also, if 15 died, but 20 were produced, the excess
If in consequence of the enforcement of the of 5 belong to the usufructuary since they are
action the usufructuary acquires the thing fruits (/d.).
claimed:
a. The usufruct shall be limited to the fruits; and There is NO Obligation to Replace:
b. The dominion remains with the owner (CIVIL a. Ifthere is total loss of the animals because of
CODE, Art. 578). some unexpected or unnatural loss; or
b. Ifthere is a partial loss (id. at 621).
 MEMORY AID
San Beda University College of Law - RGCT Bar Operations Centar

In both of the foregoing instances, the Liability of the Naked Owner May Be
usufructuary must have no fault resulting in the Extinguished:
loss (id.). a. By constituting a usufruct over an equivalent
estate;
NOTE: The remains, not the remainder should go b. By payment of a periodical pension
to the naked owner. The usufruct continues on equivalent to the loss; or
the remainder, provided that the loss be by ¢. Any other similar way (/d.).
accident and without fault of the usufructuary
(td.). NOTE: Itis believed that Art. 600 can also apply,
by analogy, to a pledged movable, provided that
In case of sterile animals, since there are no the movable is in the usufructuary possession
young, the rule of usufruct over fungibles applies (lq. at 632).
(CIVIL CODE, Art. 574).

Over the entire patrimony

In case of a universal usufruct, as when the RIGHTS OF THE
usufruct involves the entire patrimony and if at
the time of its constitution, the owner has debts, USUFRUCTUARY
or is obliged to make periodical payments, even (ARTS. 566-582)
if there should be no known capital, the
provisions of Arts. 758 and 759 shall be applied
both with “téspect to the maintenance of the
usufruct and to the obligation of the usufructuary RIGHTS OF A
to pay such debts (CIVIL CODE, Art. 598). Thu:
a. Ifthere is a stipulation for the payment by the
usufructuary of the debts of the owner, the: hing and its fruits
former is liable only for debts contracted by ive and benefit from all the fruits —
the latter before the constitution of the. : industrial and civil fruits - (CIVIL
usufruct (CIVIL. CODE, Art. 758)... CODE, Art. 566);
b. If there is no stipulation regarding - the Ahe “half of the hidden treasure he
payment of debts, the usufriictuary:shall be acgidentally finds (CIVIL CODE, Art. 566 in
responsible only when the usufruct has been refation to Art. 438);
made in fraud of creditors, {char CODE Art. y increase through accessions,
759). : . 5 Jeasements, and all benefits
inherent in the property (CIVIL CODE, Art.
10. On mortgaged property : : 571);
The wsufructuary of a mortgaged: immovablc To lease the thing, generally, for the same or
shall not be obliged to pay the ‘debt for the sharter period as the usufruct (CIVIL CODE,
security of which the mortgage was eonstituted. Art. 572).
Should the immovable be attached: or sold e. To make on the property in usufruct such
judicially for the payment of the debt, the owner improvementor expenses he may deem
proper and to remove the improvements
shall be liable to the usufructuary for whatever
the latter may lose by reason thereof (CIVIL provided no damage is caused to the
CODE, Ant. 600). property (CIVIL CODE, Art. 579);
f. Right to set-off the improvements he may
Here, the usufruct is particular, constituted by have made on the property against any
will or by acts inter vivos, whether by onerous or damage to the same (CIVIL CODE, Art. 580);
and
gratuitous title. If the usufruct is universal,
covering all the property of the owner, all or some g. To retain‘the thing until he is reimbursed for
of which are morigaged, the liability of the advances for extraordinary expenses and
usufructuary to pay for the mortgage is governed taxes on the capital (CIVIL CODE, Art. 612).
by Art. 598 (DE LEON, Property, supra at 491).
2, As to the usufruct itself
NOTE: Since usufruct is a real right, the usufruct a. To alienate the usufructuary right (except
(as distinguished from the property itself) may be parental usufruct) (CIVIL CODE, Art. 572 in
mortgaged, not by the naked owner, but by the relation tc FAMILY CODE, Aris. 225 and
usufructuary. In such a case, itis the usufructuary 226),
who should pay his own debt (2 PARAS, supra at hb. To bring action and oblige owner thereof to
631). give him proper authority and necessary
 PROPERTY
Civil Law

proof in a usufruct to recover property or a

real right (CIVIL CODE, Art 578);
To exercise ali the rights pertaining to the co- Fruits growing
owner with respect lo the administration and at the
coliection of fruits or interests from the beginning of
property in a usufruct of part of a common the usufruct
property (CIVIL CODE, Art. 582),
Right to make use of the land and materials, Fruits growing
when building forming part of the usufruct on at the
immovable has been destroyed in any termination of
manner (CIVIL CODE, Art: 607); then usufruct
If usufructuary shares in insurance of
tenement in usufruct, and it was lost, he shall
A dividend, whether in the form of stock, is
continue in enjoyment of the new one if one
income and, consequently, should go to the
be constructed or receive interest on the
usufructuary, taking into consideration that a
insurance indemnity (CIVIL CODE, Ar. 608);
stock dividend as well as a cash dividend can
and
be. declared only out of profits of the
To remove improvements made by him if the
corporation (DE LEON, Property, supra at
same will not injure the property (CIVIL
CODE, Art. 579).
430).
Since it is the obligation of the usufructuary
3. As to advances and damages
7 tg preserve the form and substance of the
a. To be reimbursed for indispensable property. unless the contrary is provided,
extraordinary repairs made: by- him-in an
“products (e.g. minerals extracted from
amount equal to the increase in value which
.mines) which when taken from the
the property may have acquired’by reason of property. diminishes its substance are not
such repairs (CIVIL CODE;-Arl. 594), i to be treated as fruits. They form part of the
To he reimbursed’ for taxes on capital
capital and belong to the naked owner (Id.).
advanced by him (CIVIL CODE, Art. 597);
and Rules on Pending. Natural or Industrial
To be indemnified:for damages caused to
Fruits (Art. 567)
him by the naked owner (CIVIC CODE, Art.
Br “Fruits pending at the beginning of
581). usufructy.
1.) Belongto the usufructuary;
RIGHTS OF THE ssuFmC uARY 2.) No necessity to refund the owner for
1. As to the thing and its fruits expenses incurred;
a. To receive and benefit from all the fruits — : 3.) But without prejudice to the right of
natural, industrial and civil fruits “(CIVIL ~ third persons.
CODE, Art. 566); “ii: -Frits pending at the termination of
usufruct:
The usufructuary has the right to receive all ) 1.} Belong to the owner;
the fruits except: 2.) But the owner must reimburse the
usufructuary for ordinary cultivation
i. Where the usufruct is constituted expenses and for the seeds and
only on a part of the fruits of a thing similar expenses, from the proceeds
(CIVIL CODE, Art. 564); or of the fruits:
i. Where there is an agreement to the 3. Rights of innocent third parties
—

contrary (CIVIL CODE, Art. 565). should not be prejudiced in relation

to Art. 546 and 443 of the Civil Code
RIGHTS TO THE FRUITS (2 PARAS, supra at 589-590).

NOTE: If the expenses are greater than the

proceeds of the fruits, the owner has no
Dividends . [%]
obligation to reimburse the difference (Id.).
Products which | i]
diminish REASON: There is no proceeds of fruits from
capital which the expenses should be paid (DE
LEON, Property, supra at 435).
MEMORY AID
San Bada University College of Law - RGCT Bar Operations Center

b. To the half of the hidden beasure, he e, To make such improvement or expenses he

accidentally finds (CIVil. CODE, Ad. 566 in may deem proper on the, property which is
relation to Art. 438); the subject of the usufruct (CIVIL CODE, Art.
578);
NOTE: The usufructuary is not entitled to any
hidden treasure which may be found on the NOTE: The usufructuary has the right to
. property because it does not fall under the make useful improvements or expenses for
term “fruits”. He shall bc considered a mere pleasure provided that he must not
stranger, i.e, if he is the finder, he is entitled alter the form or substance of the property in
to 1/2 of the treasure with the other half usufruct but he shall have no right to be
pertaining 1o the owner; if another person is indemnified therefor but he may either:
the finder, such person gets 1/2 as finder, i. Remove the improvements if no
and the owner gets the other half as owner substantial damage to the property is
(DE LEON, Property, supra at 430). If caused; or
somebody else is the finder, the usufructuary i. Set-off the improvements against
gets nothing (4 MANRESA, supra at 386- damages for which he may be liable
387). under Art. 580 (CIVIL CODE, Art. 579 in
relation to Art. 580).
To enjoy any increase through accessions,
servitudes, easements, and all benefits Right to set-off the improvements he may
inherent in the property (CIVIL CODE, Art. have made on the property against any
571); damage to the same (CIVIL CODE, Art. 580);
and
‘REASON: Usufruct covers the entire jus
fruendi and the entire jus utendi (2 PARAS, Requisites Before Set-off Can Be Made:
supra at 594). ’ i. Damage must have been caused by the
usufructuary; and
To lease the thing, generally, for the same or ii. Improvements must have augmented the
shorter period as the usufruct (CIVIL CODE, value of the property (2 PARAS, supra at
Art. 572), 608).

The usufructuary may lease it even without Rules Governing Art. 580:
the owner's consent but. not being the owner, lf damage exceeds the value of the
the usufructuary, cannot alienate, pledge. or i ements, usufructuary is still liable
mortgage the thing itself (CIVIL CODE, Art. for the difference;
572). ii. If the value of the improvements exceed
the damage, the difference does not go =
0 i
He may sell future crops subject to the rule 72510 the usufructuary, but accrues in favor
that those ungathered at the time when the of the naked owner, in the absence of 1d
stipulation to the contrary (Id. at 607). a.
usufruct terminates belong
When the things given in usufruct cannot be
tc the owner.
Oo
©
used
appraised
without
when
being consumed
delivered, the usufructuary
or were To retain the thing until he is reimbursed for
advances for extraordinary expenses and a
may dispose of them (DE LEON, Property, taxes on tne capital (CIVIL CODE, Art. 612).
supra at 466).
2. As to the usufruct itself
If the lessee should damage the property, a. To alienate the usufructuary right {except
the usufructuary shall answer to the owner. parental usufruct) (CIVIL CODE, Art. 572 in
(CIVIL CODE, Art. 590) subject to the latter's relation to FAMILY CODE, Arts. 225 and
right to demand reimbursement from the 226);
former. Hf the usufructuary cannot pay the
damage to the naked owner, his bond shall GENERAL RULE: The usufrucluary may
be liable (CIVIL CODE, Art. 583(2)). pledge or mortgage the usufructuary right
(because he owns said right) but he cannot
NOTE: All contracts enterad into by the pledge
2age or mortgage the thing itself because
usufructuary shall terminate upon the he does not own the thing (CIVIL CODE, Art.
expiration of the usufruct or earlier, except 572 in relation to Art, Art. 2085 (2)).
rural leases which continue during the
agricultural year (CIVIL CODE, Art. 572 in
relation fo Art. 1682).
 PROPERTY
Civil Law

EXCEPTIONS: because there was no usufruct on the

The legal usutruct of the parent over his land, the naked owner has preferential
or her children cannot be alienated, right to its use (2 PARAS, supra at 634).
pledged, or mortgaged for the right is
personal and intransmissible burdened Usufruct. on a Building andior the
as it is by important obligations of the Land Concerned (CIVIL. CODE, Ar.
parent for the benefit of said children 607)
(CIVIL CODE, Art. 572 in relation to
FAMILY CODE, Arts. 225 and 226); and Rules:
ii. A usufruct given in consideration of the 1.) Usufruct on both building and land
person of the usufructuary to last during (but the building is destroyed in any
his lifetime is also personal and, manner whatsoever before. the
therefore, intransmissible (2 PARAS, expiration of the period of the
supra at 424). usufruct):
a.) The usufruct on the building
NOTE: All contracts entered into by the ends, but the usufruct on the
usufructuary shall terminate upon the land continues;
expiration of the usufruct or earlier, except Therefore, the usufructuary is

or
~
rural leases which continue during the still entitled to the use of the land
agricultural year a CODE, Art. 572 in and the use of whatever
. relation fo At.1682). . } materials of the house remain;
e.)If the naked owner Wants “to
To bring action and oblige owner thereof 10. : rebuild but the usufructuary
give him proper authority - and. necessary ~ refuses, it is the usufructuary
proof in a usufruct lo recover property ora LEE who prevails for the use of the
real right (CIVIL CODE, Art 578); “: land is still his for the remainder
- ofthe period (2 PARAS, supra at
(See prior discussion on Special, Usufructs, 1640-641).
particutarfy on Art. 578). 2. Ustufruct on the building alone (but
the” ‘building is destroyed before the
To exercise all the rights pértaining? to the ¢co- termination of the period):
owner with respectito the administration and a) The; usufruct on the building
collection of fruits; or. interests. “from the ’ ends, but the usufructuary can
property in a usufruct of part of & common : still make use of whatever
property (CIVIL CODE, Art. 582); # materials of the house remain;
The usufructuary is entitled to
c

(See discussion on + Special Usutucts, + ) Ahe use of the land:

particularly on Art. 582). . ¢J Because there was no usufruct
on the land, the naked owner
Right to make use of the land and materials: has preferential right to its use
i. if the usufruct is constituted on (ld. at 634-635).
immovable property of which a building
forms part, and the latter should be NOTE: While the usufruct on a
destroyed in any manner whatsoever building does not expressly include
{usufruct on both the building and the the land on which it is constructed,
land}; or the land should be deemed included,
it. if the usufruct is constituted on a building because there can be no building
.only and the same should be destroyed without.land (DE LEON, Property,
{usufruct on the building only) (CIVIL Supra at 472).
CODE, Art. 607).
If usufructuary shares in insurance of
NOTE: In this case,if the ownér should tenement in usufruct, and it was lost, he shall
wish to construct another building, he continue in enjoyment of the new one if one
shall have a right to occupy the land and be constructed or receive interest on the
to make use of the materials, being insurance indemnity (CIVIL CODE, Art. 608);
obliged to pay to the usufructuary, during
the continuance of the usufruct, the What constitutes as “sharing”
interest upon the sum equivalent to the i. According to Manresa, the amount
value of the land and of the materials respectively given is immaterial, and that
(CIVIL CODE, Art. 607). Precisely as long as both shared in paying the first
MEMORY AID
Ser Beda University College of Law - RGCT Bar Operations Cente:

paragraph of Art. 608 applies, except if the new building completely, with no
there be a stipulation between them to obligation to give interest on the
the contrary. additionai cost of the naked owner (4
ii. A better solution perhaps wouid be to MANRESA 542-543 as cited in 2
make the sharing of the premiums PARAS, supra at 542-543).
proportionate to the respective insurable ii. If the naked owner does not construct a
interests, the premium of the naked new building or rebuild, the naked owner
owner being based on the insurable gets the insurance indemnity but should
interest of the naked ownership; that of pay the interest thereon to the
the usufructuary being based on the usufructuary (Id. at 643).
insurable interest of the usufruct (2
PARAS, supra at 636). b. If the naked owner alone pays the insurance
and the usufructuary refused to share:
NOTE: Article 608 is silent where the i. The naked owner gets the whole
usufructuary alone pays the insurance or, indemnity (with the obligation to give the
where both share in the payment thereof, as interest thereon to the usufructuary).
to the proportion of their contribution to the ii. If the usufruct was on the building and
insurance (DE LEON, Property, supra at the land, the usufruct continues on the
502). land and the materials (CIVIL CODE, Art.
644).
Rules applicable to Art. 608: iii. If the usufruct was on the building alone
i. The insurance indemnity (which cannot the naked owner may rebuild, with or
be more than the value of the usufruct): without the approval of the usufructuary,
goes to the usufructuary alone, with:np but he must pay interest on the value of
obligation on his part to share ‘the: the land and the old materials that may
indemnity with, nor tc give legal interest have been used (CIVIL CODE, Art. 607;
thereon to, the naked owner; ; ARAS, supra at 638).
ii. The usufruct continues on the land for
the remaining period of “the .usufrict Cc. If thy ieked owner alone paid for the
(unless the usufruct ‘had. been insurance, but there is failure or omission of
constituted on the building along); and uspfructuary to share (Id. at 644).
iii. The usufructuary has no obligation to
construct a new building or to, rebuild he effect is the same as if there was
(whether the usufruct was constituted 6n “but the usufructuary must
the building alone, or on.both the building reimburse the naked owner of the
and the land). The usufructuary: surely usufructuary’s share of the insurance >
cannot be compelled to rebuild because premium (4 MANRESA 546 as cited in 2 =
the insurance indemnity willbe mugh
less than the cost of the: building (2
ARAS, supra at 644). oc
PARAS, supra at 634). RR d. a:
If the usufructuary alone pays the insurance
premium: lo}
NOTE:
the
A contrary stipulation between i. _ The insurance indemnity goes
usufructuary alone, with no obligation on
fo the
a
[x i

parties will prevail over the foregoing his part to share the indemnity with, nor
rules (/d.). to give legal interest thereon to, the
naked owner.
Payment of insurance on the Tenement Held ii. The usufruct continues on the land for
in Usufruct (C/VIL CODE, Art. 608) the remaining period of the usufruct.
a. If the naked owner and usufructuary share in iii. The usufructuary has no obligation to
the premiums (and the property is construct a new building or to rebuild (Id.
destroyed): at 644).
i. If the owner constructs a new building,
the wusufruct continues on the new 3. As to advances and damages
building. a. To be reimbursed for indispensable
1.) If the cost of the building is less than extraordinary repairs made by him in an
the insurance indemnity, the amount equal to the increase in value which
usufructuary should get legal the property may have acquired by reason of
interests on the difference. such repairs (CIVIL CODE, Art. 594);
2.) Ifthe cost is more than the insurance
indemnity, the usufructuary enjoys
 PROPERTY
Civil Law

What - constitutes as “extraordinary directum) remains vested in him but hc

repairs” cannot:
i. Those required by the wear and tear due i. Alter the form -or substance of the
to the natural use of the thing but not property; and
indispensable for ils preservation; ii. Do anything thereon which may cause a
ii. Those required by the deterioration of or diminution in the value of the usufruct or
damage to the thing caused by be prejudicial to the rights of the
exceptional circumstances but not usufructuary.
indispensable for its preservation; and
iii. Those required by the deterioration of or Otherwise, he would be liable for damages
damage to the thing caused by under Art. 581.
5 exceptional circumstances and are
i
i indispensable for its preservation (DE Hiustration:
5) LEON, Property, supra at 444). i. Incase of double sale of the usufructuary
)
right, Art. 1544 relating to a double sale
Requisites’ before the usufructuary may applies. Thus, if the second buyer in
make extraordinary repairs: (No-FaiN) good faith registers the usufruct, he can
¢. There must be due Notification to naked oust the first buyer who did not register,
owner of urgency, even though the latter be in possession.
d. The naked owner Failed to make them; The right of the first usufructuary
and would be to proceed against the naked
e. The repair is Needed for preservation (2 ~gwner for breach of the warranty against
PARAS, supra at 618). + eviction;
ii In case of succession, if the naked owner
Right of Usufructuary Who Has Made bequeaths (if personal property) or
Extraordinary Repairs... devises (if real property) to another
i Get increase in valug (CIVIL CODE, Ar. through a will, the legatee or devisee
594) or get reimbursement of expenses should respect the usufruct;
(CIVIL CODE, Art. 812); and “iii. In case the property subject of the
ii. Right of retention. until paid (CIVIL usufruct is soldto another, the buyer
CODE, Art. 612). must respect the usufruct in case it is
“registered orknown to him, otherwise, he
To be reimbursed for. taxes on capital can oust.the usufructuary, who can then
advanced by him (CIVIL CODE, Art. 597); look to the naked owner for damages (2
PARAS, supra-at 601-602).
The naked owner pays for taxes imposed
directly on the capital (provided they are-not. . To remove improvements made by him if the
annual — example, the estate tax)-(2 same will not injure the property (CIVIL
PARAS, supra at 621). CODE, Art. 579).
If advanced (in the meantime)-by the NOTE: While a possessor in good faith is
usufructuary, said usufructuary: entitled to a refund for useful improvements,
i. Should be reimbursed the amount paid a usufructuary is not (2 PARAS, supra at
without legal interest: 600).
1.) If the advance was made voluntarily
the reimbursement shall be made at
the termination of the usufruct; or
2.) Ifthe usufructuary was forced to pay,
the reimbursement should be made
thereafter (/d.).
ii. Is entitled to retention until paid (CIVIL
CODE, Art. 612; 2 PARAS, supra at
621).
To be indemnified for damages caused to
him by the naked owner (CIVIL CODE, Ant.
581); and

The naked owner may alienate the property

in usufruct because the title (dominium
 MEMORY AID
San Beda University College of Law - RGGT Bar Opsrations Centar

OBLIGATIONS OF THE USUFRUCTUARY

OBLIGATIONS OF THE BEFORE EXERCISING THE USUFRUCT:
USUFRUCTUARY 1. To make an inventory of all the property
(CIVIL CODE, Art. 583(1)); and
(ARTS. 583-602) The usufructuary, before entering upon the
enjoyment of the property, is obliged to make,
after notice to the owner or his legitimate
representative, an inventory of all the property,
SUMMARY OF THE OBLIGATIONS OF which shall contain an appraisal of the movables
THE USUFRUCTUARY: and a description of the condition of the
1. Before the duration of the usufructuary: immovables (CIVIL CODE. Art. 583(1)).
a. To make an inventory of the property (CIVIL
CODE, Art. 583); and NOTE: The inventory is merely a condition to be
b. To give securily (CIVIL CODE, Art. 583). complied with before the usufructuary may enter
During the usufructuary: into possession and enjoyment of the property (2
a. Totake care of the property as a good father PARAS, supra at 604).
of a family (CIVIL CODE, Art. 589);
b. To answer for the acts of the substitute Requirements for the making of inventory:
(CIVIL CODE, Art. 530) without prejudice to (NDMAE)
his right of action against latter; The owner (or his legitimate representative)
c. To replace with the young thereof animals must be previously Notified to enable him to
that die or are lost when the usufruct ‘is correct errors in the inventory, if he desires;
constituted on flock or herd of ivestook
(CIVIL CODE, Art. 591), ; NOTE: The law says legitimate, not legal
d. To make ordinary repairs (CIVIL CODE, Art, ... reprgsentative, so that notice may be given
592, Par.1); ~ } Hi in proper cases to the owner's parents,
e. To permit works and improvements by the spouse, guardian, administrator, or agent
naked owner not prejudicial to-the usufruct (DE LEON, Property, supra at 449).
(CIVIL CODE, Art. 595);
f. To pay annual taxes and chifges on the Effect: of:Non-Notification: The inventory
© fruits (CIVIL CODE, Art. 596); © can go on’ but the naked owner may later
g. To pay interest on taxes on capital paid by oint aut discrepancies and omissions in the
the naked owner (CIVIL CODE, Art. 597); tory (4 MANRESA 450-452 as cited in
h. To pay debts when the usufructis constituted Property, supra at 450).
on the whole patrimony (CIVIL CODE, Art.
598); The condition of the immovables must be
i. To secure the naked owner's or court's
approval to collect credits in certain cases. ." The Movables must be Appraised;
(CIVIL CODE, Art. 589), d. Expenses are to be bome by the
i. To notify the owner of any prejudicial act usufructuary, since the duty is his (2 PARAS,
committed by third persons (CIVIL CODE, supra at 6117).
Art. 601); and
kK. To pay expenses, costs, and liabilities in suits As a rule, no form is required except that
brought with regard to the usufruct (CIVIL when there are real properties, Art. 1358
CODE, Art. 602). demands a public instrument to affect third
parties (/d.).
3. At the termination of the usufruct:
a. To return the thing in usufruct to the owner When Inventory is NOT Required:
unless there is a right ‘of retention (CIVIL a. When no one will be injured thereby (CIVIL
CODE, Art. 612); CODE, Art. 585), provided the naked owner
b. To pay legal interest on the amount spent by consents;
the owner for extraordinary repairs or taxes b. In case of waiver by the naked owner or the
on the capital (CIVIL CODE, Arts. 594 and law; or
597); and c. When there is stipulation in a will or contract
c. To indemnify the owner for any loss due to (2 PARAS, supra at 612).
his negligence or of his transferees (CIVIL
CODE, Arts. 589 and 590). 2. To give security (CIVIL CODE, Art. 583}
The usufructuary, before entering upon the
enjoyment of the property, is obliged to give
 PROPERTY
Civil Law

security, binding himself to fulfill the obligations accordance with the title constituting the usufruct,
imposed upon him (CIVIL CODE, Ar. 583). he should have commenced to receive them
(CIVIL CODE, Art. 588).
This article does not apply if the usufruectuary is
exempted from giving security. It applies only if Iustration: If the usufruct commences January
he is required but cannot afford to give security 3, 2014 but security is given March 3, 2014, the
(2 PARAS, supra at £18). usufructuary is entitled to all the proceeds and
benefits of the usufruct from January 3, 2014.
NOTE: Since the law does not specify what
kind of sccurity should be given, it follows that EFFECTS OF FAILURE TO GIVE
any kind of sufficient security should be allowed SECURITY IF NOT EXEMPTED (CIVIL
-- such as a cash or personal bond, mortgage,
etc. (fd).
CODE, ART. 586).
a. On the rights of the naked owner
GENERAL RULE: The usufructuary has the i. He may deliver the property to the
obligation to give security, binding himself to fulfill usufructuary;
the obligations imposed upon him in accordance ii. He may choose retention of the property
with the Civil Code. as administrator;
ii. He may demand receivership or
EXCEPTIONS: administration (by another) of the real
a. When no one will be injured thereby {CIV oo property, sale of movable, conversion or
CODE, Art. 585), “deposit of credit instruments, or
b. When there is waiver by the naked ‘owner, ; investment of cash or profits (2 PARAS,
(4 MANRESA, supra at 464-467) or there is “supra at 609);
a stipulation either in a will or by contract; iv, He may demand that the movables be
c. When the usufructuary is.the donor of the To sold; )
property who has reserved the usufruct v. He ‘may. demand that the credit
(CIVIL. CODE, Art. 584); : instrument’. be converted into regular
d. When there is a parental usufruct,’ te., in the . certificate of deposit; or
case of parcnts who ore: usufructuaries of. vi. He may demand that the cash and
their children’s property (FAMILY CODE, Art. crediis, be: Invested in safe securities
225); and .
{DE LEON, Property, supra at 452).
e. In cases of caucion juratoria (CIVIL: CODE, b. # On-the rights of the usufructuary
Art. 587; 2 PARAS, supra‘at 617); i.. “He gannot possess the property until he
+ gives security;
Caucion juratoria is a promise underoath to. ii. He cannot administer the property;
take good care of the property and return the: “hence, she’ cannot execute a lease
same at the end of the usufruct. It takes the thereon (2 PARAS, supra at 616); -
place of a bond or security“and.is: ‘based on . ii. He -cannot collect credits that have
necessity and humanity (/d.). of + matured, nor invest them unless the
Court or the naked owner consents
NOTE: In this kind of usufruct, the {CIVIL CODE, Art. 699);
usufructuary has no right to alienate his iv. But the usufructuary can alienate his
usufructuary right or lease the same for that right to the usufruct. The grantee may
would mean that he does not need the house possess the same from the moment he
or the furniture or the implements (/d.). gives security (2-PARAS, supra at 616).

Requisites Before Caucion Juratoria is NOTE: If the movable be sold, the cash
Allowed: (PANS) belongs to the naked owner, but the interest
i. Proper court petition; thereon (6% per annum) belongs to the
ii. Approval of the court; usufructuary {(Id.).
iii. Necessity for delivery of furniture,
implements or house included in the OBLIGATIONS OF THE USUFRUCTUARY
usufruct; and DURING THE USUFRUCT
iv. Sworn promise (/d.). 1. To take care of the property as a good
father of a family (CIVIL CODE, Art. 589);
Retroactive Effect of Security
The usufructuary shall take care of the things
After the security has been given by the
given in usufruct as a good father of a family
usufructuary, he shall have a richt to all the
(CIVIL CODE, Art. 589).
proceeds and benefits from the day on which, in
 26 LE,

MEMORY AID
San Beda University College of Law - RGCT Bar Operations Center

Effect of Bad Use of the Property Held in 3. To notify the owner of urgent extra-
Usufruct (CIVIL CODE, Art. 610): ordinary repairs (CIVIL CODL, Art. 593);
a. If bad use does not cause considerable injury Extraordinary repairs shall be at the expense of
to the naked owner, usufruct continues, and the owner. The naufructuary is obliged to notify
the naked owner cannot demand the owner when the need for such repairs | urgent
administration by himself. (CIVIL CODE, Art. 593).
b. If bad use causes considerable injury to the
naked owner, usufruct continues but the Kinds of extra-ordinary repairs:
naked owner can demand delivery to and a. Those caused by natural use but not needed
administration by him, but he wili be obliged for preservation.
10 pay net proceeds to the usufructuary (2 i. The naked owner should be held liable,
PARAS, supra at 646). whether or not he is notified by the
usufructuary. -
Being merely an administrator, he cannot sell or ii. The law does not require the naked
alienate the right to the usufruct, though he may owner to make them; what is important is
still alienate the property, without prejudice to the that he will bear the expenses made by
usufruct (Id. at 647). the usufructuary (2 PARAS, supra at
NOTE: The Court will determine whether or not 624).
there is considerable injury to the naked owner (4 b. Those caused by abnormal or exceptional
MANRESA, supra at 548-549 as cited in 2 circumstances and needed for
PARAS, supra at 647). preservation.
i. The naked owner shall be held liable.
To make ordinary repairs (CIVIL CODE, Art. ii. The usufructuary is allowed to make
592, Par.1); them, with the right to get the increase in
The usufructuary is obliged to make the ordinary value and the right of retention (until
repairs needed by the thing given in usufruct __ paid) at the termination of the usufruct,
(CIVIL CODE, Art. 592, Par. 1). “provided that there was notification by
thg=usufructuary and failure to repair by
Ordinary repairs are understood such as are’ the naked owner (/d.).
required by the wear and tear due to the natural ¢. Those caused by abnormat or exceptional
use of thing and are indispensable” for its circumstanges but are not needed for
preservation (CIVIL CODE, Art. 592, Par. 2). preservation.
: ed owner is responsible.
For the usufructuary to be responsible for : stifructuary cannot compel the
ordinary repairs, the following must concur: naked owner to make such repairs and
(NPOF) he is not allowed to make. them even if ne
a. They are required by the wear and {ear due the naked owner has failed to make them 5
ao mat
to the Normal or natural use of the thing; (1dl.).
b. They are indispensable for Preservation;
¢. They must have Occurred during the 4. To answer for the acts of the substitute
. existence of the usufruct; and (CIVIL CODE, Art. 590) without prejudice LQ
d. They must have happened with or without the ( »
to his right of action against latter; Q.
Fault of the usufructuary (2 PARAS, supra at ‘A usufructuary who alienates or leases his right
622). of usufruct shall answer for any damage which
the things in usufruct may suffer through the fault
NOTE: If naked owner had demanded the repair, or negligence of the person who substitutes him
and the usufructuary still fails to do so, the owner (CIVIL CODE, Art. 590).
may make them (personally or through another)
at the expense of the usufructuary (CIVIL CODE, REASON: It is the duty of the usufructuary to
Art. 592, Par.2). preserve the form and substance of the thing in
usufruct (DE LEON, Mroperty supra at 455).
Exemption from the duty to make or pay for
the necessary repairs by renouncing the NOTE: Even when there is a sub-usufructuary, it
usufruct: is still the usufructuary who answers to the naked
a. If the usufructuary had no faull, he can owner for ordinary repairs, taxes on the fruits, otc.
renounce, but he must surrender the fruits (2 PARAS, supra at 619).
received.
b. If he had fault, he cannot renounce. He would
still be liable for damages (2 PARAS, supra
at 622).
 PROPERTY
Civil Law

5. To replace with the young thereof 7. To pay annual taxes and charges and of
animals that die or are lost from natural those considered as a lien on the fruits
causes or due to rapacity of beasts or (CIVIL CODE, Art. 596);
prey when the usufruct is constituted on The payment of annual charges and taxes and of
flock or herd of livestock (CIVIL CODE, Art. those considered as a lien on the fruits, shall be
591); at the expense of the usufructuary for all the time
If the usufruct be constituted on a flock or herd of that the usufruct lasts (CIVIL CODE, Art. 596).
livestock, the usufructuary shall be obliged to
replace with the young thereof the animals that CHARGES OR TAXES TO BE PAID
die each year from natural causes or are lost due
to the rapacity of beasts of prey (CIVIL CODE,
Art. 597).
Expenses Vl
affecting the
REASON: This obligation is related to the need fruits
to preserve the form and substance of the
animals. i.e., the same number and condition (DE Land taxes wi]
LEON, Properly, supra at 484).
Taxes levied | [A
NOTE: Sterile animals cannot be replaced and on the capital
shall be treated as fungible (CIVIL CODE, Art.
591, Par. 4).
What -Charges or Taxes the Usufructuary
: Most Pay:
(For further discussion, see the: section. on
The annual charges (in the fruits);
Special Usufructs, particulary on Art. 587).
b “The.annuaktaxes on the fruits; and
c.” Thegretically;, annual taxes on the land
To permit works and’ improvements by {including reaf estate tax) should also be paid
the naked owner not prejudicial to the by the usufructuary (2 PARAS, supra at 626-.
usufruct (CIVIL CODE, Art. 595); 627).
The owner may construct any; works and make
any improvements of which. the immovable. in NOTE: A real property tax, being a burden upon
usufruct is susceptible, or"'make new plantings the capital, should: be paid by the owner of the
thereon if it be rural, provided that such acts do land,” and not. by. a usufructuary (Board of
not cause a diminution in the value of the usufruct Assessment Appeals of Zamboanga del Sur v.
or prejudice the rights of the usufructuary (CIVIL ‘Safnar Mining Company, G.R. No. L[-28034,
CODE, Art. 595). February27, 1971).

Although the property is in the possession of the Other Charges on the Fruits the Usufructuary
usufructuary, the naked owner'may still— * Must Pay:
a. Construct works; a.. “Ordinary repairs; and
b. Make improvements; and b." Necessary cultivation expenses (2 PARAS,
c. Make new plantings (if rural) "supra at 621).
Provided: To pay interest on taxes on capital paid
a. The value of the usufruct is not diminished; by the naked owner (CIVIL CODE, Art.
or 597),
b. The right of the usufructuary is not prejudiced The taxes which, during the usufruct, may be
(CIVIL CODE, Art. 595).
imposed directly on the capital, shall be at the
expense of the owner. .
Effect of Increase in the Value of the Usufruct
a. The usufructuary’s profits will increase (for he
If the latter has paid them, the usufructuary shall
will be entitied to the use and profits thereof);
pay him the proper interest on the sums which
b. The usufructuary does not have to pay legal
may have been paid in that character; and, if the
interest on the improvement {2 PARAS,
said sums have been advanced by the
Supra at 619).
usufructuary, he shall recover the amount thereof
at the termination of the usufruct (C/VIL CODE,
Art. 597).
 MEMORY AID
San 8eca University Collage of Law - RGCT Rar Operations Canter

The naked owner pays for the taxes imposed the rights of ownership, and he shall be liable
directly on the capital provided they are not should he not do so, for damages, as if they had
annual (2 PARAS, supra at 626). been caused through his own fault (CIVIL CODE,
Art. 601).
Rules regarding payment of interest on taxes 12. To pay for court expenses and costs
on capital:
regarding usufruct (CIVIL CODE, Art
a. If paid by the naked owner, he can demand
602).
legal interest on the sum paid (CIVIL CODE,
The expenses, costs, and liabilities in suits
Art. 597, Par. 2);
brought with regard to the usufruct shall be borne
b. if advanced (in the meantime) by the
by the usufructuary (CIVIL CODE, Art. 602).
usufructuary, said usufructuary —
i. Should be reimbursed the amount paid
This article particularly applies only when the
without legal interest.
usufructuary has lost the case (2 PARAS, supra
ii. Is entitled to retention until paid (CIVIL at 626).
CODE, Art. 612).
NOTE: Since the expenses, costs and liabilities
To pay debts when the usufruct is mentioned are incurred in connection with
constituted on the whole patrimony litigation over the possession, use and enjoyment
(CIVIL CODE, Art. 598); ©” the thing in usufruct affecting the rights of the
NOTE: See discussion on Special Usufructs, syfructuary, itis just that they are borne by him.
particularly on Art. 598. of Cadrse, if the litigation involves only the naked
ownership, the owner should assume them (DE
10. To secure the naked owner's or court's LEON, Property, supra at 492).
approval to collect credits in certair
cases (CIVIL CODE, Art. 599); OBLIGATIONS AT THE TERMINATION
The usufructuary may claim any matured creads ~OF THE USUFRUCT: (RPI)
which form a part of the usufruct if he has given
1. To Return:the thing in usufruct to the owner
or gives the proper security. If (1).he has been
excused from giving security or unless thereis a right of retention (CIVIL CODE,
{2) has.pot been Att. 612);
able to give it, (3) or if that given is. not siifficient,
To Pay legal interest on the amount spent by the
he shall need the authorization of the owner, or owner for extraordinary repairs or taxes on the
of the court in default thereof, to collect such
capital {cL CODE, Arts. 594 and 537); and
credit (CIVIL CODE, Art. 599).
To Indemni the owner for any losses due to his
negligence or of his transferees (CIVIL CODE,
Rules:
a. If the wusufructuary has given security,
Arts. 589 and 590). Im
collection and investment can -be done
=
or

a
without the approval or the court or of the niobate
naked owner. Lu
b. If he has not given security, or when he is RIGHTS AND “Qe
exempted or when there was only a caucion OBLIGATIONS OF THE Qo.
Juratoria, collection and investment can be =
done only with the approval of the court or NAKED OWNER a
the naked owner.

If the credit is collected, the same belongs to the

naked owner, but the usufructuary gets its RIGHTS OF THE OWNER DURING THE
usufruct. USUFRUCT: (RAC)
1. He Retains title;
Failure to collect due to usufructuary’s fault or 2. He may Alienate the property, but he may not;
negligence makes the usufructuary liable if the a. Alter the form or substance of the thing; or
credit has matured (2 PARAS, supra at 624). b. Do anything prejudicial to the usufructuary
(CIVIL CODE, Art. 581).
11. To notify the owner of any prejudicial act He may Construct buildings, make improvements
committed by third persons (CIVIL CODE, and plantings, provided:
Art. 601); and a. That such acts do not cause a diminution in
The usufructuary shall be obliged to notify the the value of the usufruct; or
owner of any act of a third person, of which he b. That such acts do not prejudice the right of
may have knowledge that may be prejudicial to the usufructuary (CIVIL CODE, Art. 595).
 PROPERTY
Civil Law

OBLIGATIONS OF THE OWNER DURING EXCEPTIONS:

a. A usufruct constituted in favor of several
THE USUFRUCT: (RCR) persons living al the same time shal! not be
1. To make Reimbursement for advances of the extinguished until the death of the last
usufructuary (C/VIL-CODE, Art. 587), survivor (CIVIL CODE, Art. 611};
2. To Cancel the security, upon discharge of the
usufructuary’s obligations (CIVIL CODE, Ar. Rule in Case of Multiple Usufruct (CIVIL
612); and CODE, Art. 611)
To Respect leases of rural lands by the i. if constituted simultaneously, it is
usufructuary for the balance of the agricultural evident that all the usufructuaries must
year (CIVIL CODE, Art. 572). be alive at the time of the constitution.
The death of the last survivor
extinguishes the usufruct.

EXTINGUISHMENT OF ii. + if constituted successively, Art. 611

also applies. However, to constitute
USUFRUCT successive usufructs, it is essential that:

(ARTS. 603-612)
1.) if the successive usufructs were
constituted by virtue of a donation,
all the donee-usufructuaries must be
living at the time of the constitution-
donation of the usufruct (CIVIL
SUMMARY OF EXTINGUISHMENT. OF CODE, Art. 756).
USUFRUCT: 2). Jf the successive usufructs were
- Canstituted by virtuc of a last will,
Usufruct is extinguished: (DEM- RTT: oy
there should be only 2 successive
1. By the Death of the usufructuary; unless a usufructuaries; and both must have
contrary intention clearly appears,
. been alive at the time of the
2. By the Expiration of the period for which it was
“testator's death (CIVIL CODE, Arts.
constituted, or by the fulfillment 6f any resolutory
863 and 869; 2 PARAS, supra at
condition provided” in the” tile creating the
647-648].
usufruct;
C3 By Merger of the usufruct and ownership in the
NOTE: The owner of the property imposed
same person;
“as condition for the continuation of the
4. By Renunciation of the ssuffuchary; SE
usufruct over the property by his king that
5. By the Total loss of the thing in usufruct;;
they should maintain an atmosphere of
6 By the Termination of the right of the ‘person
~ coopération, live in harmony and avoid
constituting the usufruct; or,
bickering. There was a continuing animosity
7. By Prescription (CIVIL CODE, Ar. 603).
among the kins, hence, it is a ground for
termination of the usufruct. The deterioration
MODES OF EXTINGUISHMENT | OF of the relations of the kins to an almost
USUFRUCT: (DEM-RTT-PO) (CIVIt. CODE, ..-itretrisvable level is a good reason for the
Art. 603): ee termination of the usufruct (Moralidad v.
1. Death of the usufructuary. Pernes, G.R. No, 152809, August 3, 2006).
GENERAL RULE: Death of the usufructuary
generally ends the usufruct. b. In case there is a period fixed based on the
number of years that would elapse before a
This is true even if a resolutory condition or period personwould reach a certain age, unless the
has been stipulated and death occurs before the period was expressly granted only in
consideration of the existence of such
expiration of the period or fulfillment of the
person, in which case it ends at the death of
condition (DE LEON, Property, supra at 465).
said person (CIVIL CODE, Art. 606); and
c. In case the contrary intention clearly appears
NOTE: It is the death of the usufructuary which
generally results in the termination of the (4 MANRESA 525-528 as cited in 2 PARAS,
usufruct: Hence, the death of the naked owner supra at 635).
will not extinguish the usufruct unless the parties
expressly so stipulate (RABUYA, Property, supra Expiration of the period or fulfillment of
at 497). the resolutory condition.
If the usufructuary is a juridical person, the term
should not exceed 50 years (C!VIL CODE, Art.
605):
 PROPERTY
Civil Law

OBLIGATIONS OF THE OWNER DURING EXCEPTIONS:

a. A usufruct constituted in favor of several
THE USUFRUCT: (RCR) persons living al the same time shal! not be
1. To make Reimbursement for advances of the extinguished until the death of the last
usufructuary (C/VIL-CODE, Art. 587), survivor (CIVIL CODE, Art. 611};
2. To Cancel the security, upon discharge of the
usufructuary’s obligations (CIVIL CODE, Ar. Rule in Case of Multiple Usufruct (CIVIL
612); and CODE, Art. 611)
To Respect leases of rural lands by the i. if constituted simultaneously, it is
usufructuary for the balance of the agricultural evident that all the usufructuaries must
year (CIVIL CODE, Art. 572). be alive at the time of the constitution.
The death of the last survivor
extinguishes the usufruct.

EXTINGUISHMENT OF ii. + if constituted successively, Art. 611

also applies. However, to constitute
USUFRUCT successive usufructs, it is essential that:

(ARTS. 603-612)
1.) if the successive usufructs were
constituted by virtue of a donation,
all the donee-usufructuaries must be
living at the time of the constitution-
donation of the usufruct (CIVIL
SUMMARY OF EXTINGUISHMENT. OF CODE, Art. 756).
USUFRUCT: 2). Jf the successive usufructs were
- Canstituted by virtuc of a last will,
Usufruct is extinguished: (DEM- RTT: oy
there should be only 2 successive
1. By the Death of the usufructuary; unless a usufructuaries; and both must have
contrary intention clearly appears,
. been alive at the time of the
2. By the Expiration of the period for which it was
“testator's death (CIVIL CODE, Arts.
constituted, or by the fulfillment 6f any resolutory
863 and 869; 2 PARAS, supra at
condition provided” in the” tile creating the
647-648].
usufruct;
C3 By Merger of the usufruct and ownership in the
NOTE: The owner of the property imposed
same person;
“as condition for the continuation of the
4. By Renunciation of the ssuffuchary; SE
usufruct over the property by his king that
5. By the Total loss of the thing in usufruct;;
they should maintain an atmosphere of
6 By the Termination of the right of the ‘person
~ coopération, live in harmony and avoid
constituting the usufruct; or,
bickering. There was a continuing animosity
7. By Prescription (CIVIL CODE, Ar. 603).
among the kins, hence, it is a ground for
termination of the usufruct. The deterioration
MODES OF EXTINGUISHMENT | OF of the relations of the kins to an almost
USUFRUCT: (DEM-RTT-PO) (CIVIt. CODE, ..-itretrisvable level is a good reason for the
Art. 603): ee termination of the usufruct (Moralidad v.
1. Death of the usufructuary. Pernes, G.R. No, 152809, August 3, 2006).
GENERAL RULE: Death of the usufructuary
generally ends the usufruct. b. In case there is a period fixed based on the
number of years that would elapse before a
This is true even if a resolutory condition or period personwould reach a certain age, unless the
has been stipulated and death occurs before the period was expressly granted only in
consideration of the existence of such
expiration of the period or fulfillment of the
person, in which case it ends at the death of
condition (DE LEON, Property, supra at 465).
said person (CIVIL CODE, Art. 606); and
c. In case the contrary intention clearly appears
NOTE: It is the death of the usufructuary which
generally results in the termination of the (4 MANRESA 525-528 as cited in 2 PARAS,
usufruct: Hence, the death of the naked owner supra at 635).
will not extinguish the usufruct unless the parties
expressly so stipulate (RABUYA, Property, supra Expiration of the period or fulfillment of
at 497). the resolutory condition.
If the usufructuary is a juridical person, the term
should not exceed 50 years (C!VIL CODE, Art.
605):
 MEMORY AID
San Beda University Cotfege of Law ~ RGCT Bar Operations Center

Premature abandonment or dissolution of the the indemnity given to him, the usufruct being
juridical entity extinguishes the usufruct (C/VIL totally extinguished.
CODE, Art. 605). c. If the usufructuary alone was given the
indemnity, he must give it to the naked owner
3. Merger of the usufruct and ownership in and compel the latter to return either the
the same person. interest or to replace the property. He may
lakes piace when the rights of usufruct and even deduct the interest himself, if the naked
owner are acquired by one and the same person owner fails to object (2 PARAS, supra at 645
who becomes the absoluie owner of the property - 646).
(DE LEON, Property, supra at 467).
NOTE: A usufruct is not extinguished by bad use
IHustration: H was the usufructuary of land of the thing held in usufruct (RABUYA, Property,
owned by X. X died, ieaving in his will, the naked supra at 500).
ownership of the land to H. The usufruct is
extinguished because now, H is both the naked 6. Termination of right of the person
owner and the usufructuary (2 PARAS, supra at constituting the usufruct.
629). The termination refers to the right of the person
constituting the usufruct, not to a condition
4. Renunciation of the usufructuary. imposed upon the usufruct itself. Thus, if a
The surrender of the rights as usufructuary refers person constituted the usufruct with the belief
to a voluntary surrender of the very rights which that he was the owner but was later defeated in
the usufructuary has, made by him with the intent an action concerning its ownership, it follows that
to so surrender them (City of Manila v. Monte de the usufrugt must also terminate (DE LEON,
Piedad, G.R. No. 1975, Nov. 10, 1905). : Property, supra at 497).

NOTE: It is really an abandonment by. the? -. If thé: Lsufructuary has a sub-usufructuary,

usufructuary of his right and does not, therefore,’ “thétlatter ends at the time the usufruct is
require the consent of the naked owner but it is extinguished,
subject to the rights of creditors bE LEON, b. Death’ of the naked owner does not
Property, supra at 496). : extingbish the usufruct for the rights of the
naked owner are transmitted to his own heirs
5. Total loss of the thing. (2 PARAS, supra at 637).
GENERAL RULE: A total loss would result tothe
extinguishment of the usufruct. A-thing is lost Pres¢éription
when it perishes, or goes out of ‘cormarce, or a. This refers to the acquisitive prescription
disappears in such a manner that its existence is (CIVIL CODE, Arts. 1006 and 1117) by a
unknown or it cannot be recovered." Hernice, loss stranger either of the usufruct or of the naked
may either be physical or juridical (RABUYA, whership (CIVIL CODE, 603(7)).
Property, supra at 499). b. Mere non-use of the usufructuary does not
terminate the usufruct, unless it is also a
EXCEPTIONS: renunciation (2 PARAS, supra at 631).
a. Ifthe usufruct is constituted on a building and
the latter is destroyed without the fault of the 8. Other causes
usufructuary, the usufruct is not extinguished Annulment/rescission of contract;
To

and Arts. 607-608 would apply; and Mutual consent;

b. If the property held in usufruct was c. Attainment of age of majority of a child whose
expropriated for public use, the usufruct is property is under parental usufructuary
not extinguished. (FAMILY CODE, Arts. 225 and 226); and
d. Other legal causes resulting in the
Rule in Case of Expropriation (CIVIL CODE, termination of the usufruct (2 PARAS, supra
Art. 809): at 631).
a. if the naked owner alone was given the
indemnity, he has the option to:
i. Replace with equivalent thing; or
ii. Pay to the usufructuary legal interest on
the indemnity, with the obligation to give
security for the payment of interest.
b. If both the naked owner and the usufructuary
were separately given indemnity, each own
 PROPERTY
Civil Law

NOTE: Easement is a reat right since the right is

EASEMENT OR constituted on the thing itself and not upon its
owner or its occupant (RABUYA, Property, supra
SERVITUDE at 502).
(ARTS. 613-693)
As a consequence, the right avails against every
person whomsoever, who may happen, for the
time being, to have any interest in the thing, or,
EASEMENT as adverse possessor, to exercise a right of
dominion aver it. The right consists of a limited
An easement or servitude is an encumbrance
use and enjoyment of the thing without
imposed upon an immovable for the benefit of
possession and gives rise to an action in rem in
another immovable belonging to a different owner
favor of the owner of the tenement of the
(CIVIL CODE, Art. 613). However, servitudes may
easement and against any possessor of the
also be established for the benefit of a community, or
servient estate (/d.).
of one or more persons to whom the encumbered
estate does not belong (CIVIL CODE, Art. 614}.
It is enjoyed over another immovable,
The other aspect of easement or servitude refers to
never on one's own property;
the right of servitude (jus servitutes), or the right
which corresponds to the burden imposed, From It operates as a limitation on the title of the owner
this viewpoint, an easement or servitude may thus be of the servient estate, specifically, his right to
defined as “a real right, constituted onthe. corporeal use (jus. utendi). Inasmuch as every easement
immovable property of another, by virtue of which the of servitude:is a limitation upon one’s ownership,
owner has to refrain from doing, or rust allow. . it follows {hat no man has a right of servitude in a
someone to do, something on his property, for the thing of which he is the owner: Nulli res sua servit.
benefit of another thing or person” (RABUYA, For if hé had, he:would have a right in the thing
Property, supra at 502). against himself. which is, of course, absurd
because things: sefve their owner by reason of
While Article 613 speaks of a’ real easement, ownership and not because of any servitude (/d.
Articte 614 speaks of a personal easement. Both | at 503). :
however are real rights, but” will prejudice third
persons only if duly registered (2 PARAS, supra at --- Note: The term “immovable,” as used in the
652). law, must be understood in its common and not
in its legal sense. What the law treats of are not
all immovables as defined by the Civil Code, but
EASEMENT V. SERVITUDE only those which are so by their nature (are really
"incapable of beihg moved), such as lands, roads,
buitdings,.and constructions adhering to the soil
(PE LEON: Property, supra at 507).
Derived from Common | Derived from Roman
law. Law.
It-involves two neighboring estates (in
case of real easements) - the dominant and
the servient estate (CIVIL CODE, Art. 613);

Always real. May be real or Dominant Estate

personal. The immovable in favor of which the easement is
established (CIVIL CODE, Art. 613).

Servient Estate
Right enjoyed by one. Burden imposed upon
That which is subjected to easement {CIVIL
the other.
CODE, Art. 613).
(id. at 651; RABUYA, Properly, supra at 502).
it is inseparable from the estate to which
NOTE: As used in the Civil Code, easement is it is attached, and, therefore, cannot be
equivalent to servitude (2 PARAS, supra at 650).
alienated or mortgaged independently of the
estate (CIVIL CODE, Art 617);
CHARACTERISTICS:
1. Itis a real right but will affect third persons
only when duly registered;
MEMORY
San Boda University Colieaa of Law - RGCT
AID Sar Operations Center

It is indivisible for it is not affected by the

division of the estate between two or more
persons. (CIVIL CODE. Art. 618);

As a consequence, even if the servient and

dominant estates are divided between two or Imposed only on real May involve either real
more persons, the easement or the servitude property. or personal property.
continues to attach to the estates originally
affected (RABUYA, Property, supra at 515).

It is a right limited by the needs of the

Limited to particular or Includes all the uses
dominant owner or estate, without
specific use of the and the fruits of the
possession; servient estate. property.

it cannot consist in the doing of an act

unless the act is accessory in relation to a
real easement; and
Itis a limitation on the servient owner's rights A non—-possessory right involves right of
over an immovable. possession in an
of ownership for the benefit of the dominant
immovable or movable.
owner; and therefore, it is not presumed (DE
LEON, Property, supra at 478-478).

NOTE: It is an abnormal restriction on the Not extinguished by the Extinguished by the

property rights of the servient owner. Thus, it is +t death of the dominant death of the
incumbent upon the dominant estate owner to usufructuary.
establish the presence of all the preconditions for -
easement (Cristobal v. CA, G.R. No. 125339,
June 22, 1998).
Cannot be alienated. Generally, can be
alienated.
EASEMENT V. LEASE
* (ld. AT 482; 2 PARAS, . supra at 652).

SUMMARY © OF EASEMENT
Real right, whether Real right only when it is
CLASSIFICATION
1.:%* As to Recipient of Benefit:
registered or not. registered, or when its
ai: Real/Predial; or
subject matter is real
b. Personal
property and the
2. As to Source:
duration exceeds one
a. Voluntary;
year
b. Legal; or
c. Mixed.
3. As to Exercise
Imposed only on real May involve either real a. Continuous; or
property. or personal property b. Discontinuous.
4. As to indication of their existence
a. Apparent; or
b. Non-apparent.
There is a limited right Limited right to both the 5. As to the Duty of the Servient Estate
to the use of real possession and use of a. Positive; or
property of another but another's property. b. Negative.
without the right of 6. As to the Right Given
| Possession. Partial use of servient estate;
cow

Particination
cia in ownership;
Prevention of servient estate from performing
a specific act of ownership; or
d. Acquisition of specific materials or objects
from the servient estate.
 PROPERTY
Civil Law

CLASSIFICATION OF EASEMENTS: intervention of any act of man (C/VIL CODE,

1. As to recipient of benefit: Art. 615).
a. Real/ Predial — imposed upon an immovable
Example: Easement of aqueduct (CIVIL
for the benefit of another immovable
belonging to a different owner (CIVIL CODE,
CODE, Art. 646)
Art. 613).
NOTE: For an easement to be considered
“continuous,” its use does not have to be
Illustration: Easement of water where tower
incessant; it is enough that the use may be
estates are obliged to allow water naturally
incessant (DE LEON, Property, supra at
descending from upper estates to flow into
them (CIVIL CODE, Art. 637). 486).

Discontinuous Easements — those which

Personal — established for the benefit of a
are used at intervals and depend upon the
community, or of one or more persons to
acts of man (CIVIL CODE, Art. 615).
whom the encumbered estate does not
belong (CIVIL CODE, Art. 614).
Example: Easement of right of way which is
used at intervals, because it can be
Example: Easements of the right of way for
exercised only if a man passes over
the passage of livestock (CIVIL CODE, Art.
somebody else's land (CIVIL CODE, Art.
657)
649, Par. 3; 2 PARAS, supra at 656)
NOTE: In a personal servituge, there‘is no
“owner of a dominant tenement” to speak of,
"NOTE: The itself
easement exists
and the easement pertains to. persons
. continuously but
its exercise may be
without a dominant estate, in-this case, the continuous'or discontinuous or there may be
no exercise at all (DE LEON, Property, supra
public at large (Solid Manila: Corp. v. Bio
at 486). <
Hong Co., Inc, G.R. No.” 80596, April-8,
1991). - 7 a .
For legal ) purposes, the easement of
Public — if it i$ vested in the. public at aqueduct is considered continuous, even
large or in some class of indeterminate
though the. flow of water may not be
<continuogs, or jts use depends upon the
individuals.
needs qf:the<dominant estate, or upon a
ii. Private — if itis vested |ina determinate
individual or certain persons (DE; LEON,
‘schedule of alternate days or hours (CIVIL
Property, supra at 484).
CODE; Art. 648).

2. As to its source:
NOTE: WHen the court says that an
gasement “exists, it is not creating one
a. Voluntary — when the casement is thence, there are no judicial easements). It
established by the will or agreement of the merely declares the existence of an
parties or by a testator (CIVIL CODE, Art.
.-gasement created by law or by the parties or
619; 2 PARAS, supra at 658),
testator (La Vista Association, Inc. v. CA,
G.R. No: 95252, September 5, 1997}.
Note: Voluntary easements must be
recorded in the Registry of Property to
4. As to the indication of their existence:
prejudice third persons (CIVIL CODE, Art.
a. Apparent Easements — those which are
708).
made known and are continually kept in view
by external signs that reveal the use and
Legal — when it is imposed by law either, for
public use or in the interest of private persons
enjoyment of the same (CIVIL CODE, An.
615).
(CIVIL CODE, Art. 619; 2 PARAS, supra at
658); and
Example: Easement of aqueduct, the
easement of aqueduct is always apparent,
Mixed — when it is created partly by will or
whether or not it can be seen (CIVIL CODE,
agreement and partly by law (CIVIL CODE,
Art. 546).
Art. 619; 2 PARAS, supra at 658).
NOTE: The mark or sign need not be seen
3. As to its exercise:
but should be susceptible of being seen (DE
a: Continuous Easements. — those the use of
LEON, Property, supra at 486).
which are or may be, incessant without the
 202521 Ed

MEMORY AID
San Bada University Coliege of Law - RGCT Bar Operations Center

b. Non-apparent Easements — those which

show no external indication of their existence
(CIVIL CODE, Art. 615).
MODES OF ACQUIRING
EASEMENT
Example: Easement of lateral and subjacent
support (2 PARAS, supra at 657}
(ARTS. 620-626)
5. As to duty of servient owner:
a. Positive - one which imposes upon the
MODES OF ACQUISITION: (TPDFA)
owner of the servient estate the obligation of
allowing something to be done or of doing it 1. By Title
himself (CIVIL CODE, Ant, 616). By “title”, it does not necessarily mean document.
it refers to the juridical act or law sufficient to
Example: Easement of right of way which create the encumbrance, such as law, donation,
imposes upon the owner of the servient contract, and will of the testator (2 PARAS, supra
estate the duty to allow the use of said way. at 665).

b. Negative — one which prohibits the owner of NOTE: The following easements may be
the servient estate from doing something acquired only by title:
which he could lawfully do if the easement a. Continuous non-apparent easements;
did not exist (CIVIL CODE, Art. 616). b. Discontinuous apparent easements; and
c. Discontinuous non-apparent easements
Example: Easement of light and view .if (id.).
made on one’s own wall and the wall does
not extend over the property of another (DE C2 By Prescription of 10 years irrespective of
LEON, Property, supra at 488) the good:or bad faith of the possessor and
whether or not he has just title. The only
6. As to the right given: : requirement is adverse possession.
a. Rightto partially use the servient estate;
NOTE:¢ Only continuous and apparent
Example: Right of way easements can be acquired by prescription
(CIVIL CODE, Att. 620). They are the only ones
b. Right to get specific materials or-objects from on zof which fulfills two important
the servient estate; fred by law for prescription, to wit:
that the possession be public and continuous.
Example: Easement of drawing water >
c. Right to participate in ownership: or
Positive servitude — computed from the day
Which the owner of the dominant estate,
=fm
or the person who may have made use of the w-
Example: Easement of party wall easement, commenced to exercise it upon a,
the servient estate (C/VIL CODE, Art. 621). o
d. Right to impede or prevent the neighboring fe
estate from performing a specific act of b. Negative servitude — computed from the Be
ownership day on which the owner of the dominant
estate forbade, by an instrument
Example: Easement of intermediate distances acknowledged before a notary public, the
as when the servient estate cannot plant trees owner of the servient estate, from executing
without .observing certain distances (2 PARAS, an act which would be lawful without the
Supra at 657-658). easement (CIVIL. CODE, Art. 621).

There must be a notarized document

executed by anyone who desires to establish
the easement. Thus, there is no easement for
as long as the dominant owner does not
exercise his right to prohibit servitude (CIVIL
CODE, Art. 621 ).

3. By Deed of recognition
The absence of document or proof showing origin
of an- easement which cannot be acquired by
 PROPERTY
Civil Law

prescription may be cured by a deed af (Resoime v. Lazo, G.R. No. L-8654, March
recognition by the owner of the servient estate or 30, 1914);
by final judgment (CIVIL CODE, Art. 623).
¢. To Renounce totally the easement if he
Easement exists even if acquired by oral contract desires to exempt himself from contribution
or by virtue of some document that has been lost to necessary expenses (CIVIL CODE. Art.
(DE LEON, Property, supra at 496). 628; 2 PARAS, supra at 675); and

By Final judgment
NOTE: If the owner of the servient estate refuses d. To Exercise all the rights necessary for the
10 execute the deed of recognition, the court may, use of the easement (CIVIL CODE, Ant. 625).
in its judgment, declare the existence of the
easement (Id. at 492). NOTE: If there be several owners of
dominant estate, expenses that will be
By Apparent sign established by the owner incurred in making the work shall be borne in
of two adjoining estates, unless at the time by ali in proportion to the benefits which each
may derive therefrom (RABUYA, Property,
the ownership of the two estates is divided:
supra at 530).
a. There are contrary stipulations in the title of
conveyance of either of them, or
b. The sign is removed before the execution of OBLIGATIONS OF PARTIES
the deed (CIVIL CODE, Art. 624), 1. Obligations of a dominant owner:
(ABOUNCE)
a. He cannot Alter the easement or render it

RIGHTS AND
more burdenscme (CIVIL CODE, Art. 627);
Bb. He cannot use the easement except for the
~ OBLIGATIONS OF THE, Benefit” of the immovable originally
contemplated (CIVIL CODE, Art. 626),
PARTIES TO EASEMENTS c. He cannot exercise the
Other manner than
easement in any
that previously
(ARTS. 627-630) established (CIVIL CODE, Art. 626);
d. He may. make any works or construct
anything.which is. necessary for the Use and
© preservationof the servitude (CIVIL CODE,
PARTIES: Art 627, Par. 1);
1. Dominant owner e. He shall Notity the servient owner of works
The owner of the immovable in favor of which the necessary for the use and preservation of the
easement is established (CIVIL CODE; Ant. 613). servitude (CIVIL CODE, Ant. 627, Par. 2),
f. © He must Choose the most convenient time
Servient owner and manner in making the necessary works
The owner of the immovable whose property is as’ to cause the least inconvenience to the
subject to easement for the benefit of the servient owner (CIVIL CODE, Art. 627, Par.
dominant owner (CIVIL CODE, Art. 613). 2); and
g. ‘He must contribute to the necessary
Expenses if there are several dominant
RIGHTS OF PARTIES: estates (CIVIL CODE, Art. 628, Par. 1).
1. Rights of a dominant owner: (MARE)
a. To Make on the servient estate all the works NOTE: He may only exercise rights
necessary for the use and preservation of the necessary for use of easement (DE LEON,
servitude, provided: Property, supra at 500).
i. This must be at his own expense;
ii. He must notify the servient owner; OBLIGATIONS OF A SERVIENT OWNER:
ii. Select most convenient time and manner
(ICoRP)
80 as to cause the least inconvenience to
a. He cannot Impair the use of the easement
the servient owner; and
(CIVIL CODE, Art. 629, par. 1},
iv. He must not alter the easement nor
b. Contribute to the necessary expenses in
render it more burdensome (CIVIL
case he uses the easement, unless there is
CODE, Art. 627). an agreement to the contrary (CIVIL CODE,
Art. 628, Par. 2},
b. To Ask for mandatory injunction to prevent
impairment of his use of the easement
 MEMORY AID
San edu University College of Law - RGCT Bar Operations Center

c. In case of impairment, to Restore conditions Non-use for 10 years;

to the status quo at his expense, plus Reckoning period:
damages (3 SANCHEZ ROMAN, supra at a. Discontinuous easement - counted from
609}; and the day the easement ceased to be used
d. To Pay for the expenses incurred for the (CIVIL CODE, Art. 631 Par. 2).
change of location (CIVIL CODE, Art. 629, b. Continuous easement - counted from the
par. 2). day an act adverse to the exercise of
easement took place (CIVIL CODE, Art. 631,
Par. 2).

EXTINGUISHMENTOF This mode is applicable only to easements that

EASEMENTS have been in use and later abandoned, for one

cannot discontinue using what one has never
(ARTS. 631-633) used (DE LEON, Property, supra at 507).

The proof of non-user must be indubitable and

this is particularly true if the easement of right of
MODES OF EXTINGUISHMENT OF way was annotated in the Torrens Title
{Benedicto v. CA, G.R. No. L-22733, September
EASEMENTS IN GENERAL: (REMAIN-
25, 1968).
BREW)
1. Redemption agreed upon between the The non-user must be due to the dominant
owners of the dominant and servient estates; owner's voluntary abstention and not to fortuitous
NOTE: Pertains to voluntary redemption. event; otherwise, there is only suspension of
easement (2 TOLENTINQ, Civil Code, supra at
Expiration of the term or fulfilment of the . gE 876). .
resolutory condition;
Example: An easement was agreed uponto last The running of the 10-year period will be
uptil the owner of the dominant. easement prevented by the use of the easement of any of
becomes a lawyer. When the condition is fulfilled, the co-owners of the dominant estate (CIVIL
the easement ceases (/d. at 686). CODE; Art, 633).

Merger of the ownership of the dominant and Bad condition

— when: either or both estates fall into such a
servient estates;
condition that the easement could not be used;
A merger exists when ownership-of the dominant
and servient estates is consolidated. in the same
“NOTE: This merely suspends since possibility of
person. Merger then, as can be seén, requires
full ownership of both estates (Solid Manila
“+ lge revives the easement (CIVIL CODE, Art. 631
Par. 3).
Corporation v. Bio Hong Co. Inc. G.R. No.
90596, April 8, 1991).
Resolution of the right to create the
The merger. must be absolute, complete, not servitude, (i.e., in case of pacto de retro, when
temporary (if it is temporary, there is only the property is redeemed);
suspension of easement) (4 MANRESA 467 as
cited in 2 PARAS, supra at 677). Expropriation of the servient estate; and

Annulment of the title to the servitude;

10. Waiver or renunciation by the dominant
Permanent Impossibility to use the owner.
easement; Waiver or renunciation must be express, clear,
Mere impossibility to use the easement merely and specific (DE LEON, Property, supra at 504).
suspends the same (RABUYA, Property, supra at
633). } The mere fact that it has not been used at all
cannot give rise to the conclusion that there has
To be permanent, the causes of the impossibility been a waiver {2 PARAS, supra at 680).
of thé use must be irreparable. If they are
reparable, the easement may still be The sale of the dominant estate does - not
extinguished if the 10-year period by non-user extinguish the easement. There must be a
has already lapsed (/d.). statement abolishing or extinguishing it. Hence,
 PROPERTY
Civil Law

the use of the servient estate is continued by c. Easement on Riparian property (CIVIL
operation of law {Tanedo v. Hon. Bernad, G.R. CODE, Art. 838; P.D. No. 1067, Art. 51);
No. 66520, August 30, 1988). d. Easement of Aqueduct (CIVIL CODE, Ar.
642-646); and
OTHER CAUSES FOR EXTINGUISHMENT e. Easement for Drawing water (CIVIL CODE,
OF EASEMENT © Art. 640 and 641).
Easement of Right of way (CIVIL CODE, Art. 649-
1. Registration of the servient estate as free, i.e.,
657);
although the servient estate was registered under Easement of Party wall (CIVIL CODE, Art. 658-
the Torrens system, the easement thereon was 666),
not registered, unless there is a stipulation or
Easement of Light and view (CIVIL CODE; An.
actual knowledge of the existence of easement
€67-673);
on the part of the transferee (Cid v. Irene P.
Easement of Drainage of buildings (CIVIL. CODE,
Javier, G.R. No. L-14116, June 30, 1960),
Art. 674-676);
Easement of Distances (CIVIL CODE, Art. 677-
2. Inthe case of the legal easement of right of way,
681);
the opening of an adequate outlet to the highway
Easement of Nuisance (C/VIl. CODE, Art. 682-
extinguishes the easement, if the servient owner
683); and
. makes a demand for such extinguishment (C/VIL
Easement of lateral and subjacent Support
CODE, Art. 655).
(CIVIL CODE, Art. 684-687).

EASEMENT OF DRAINAGE OF
LEGAL EASEMENTS WATERS
(ARTS. 634-687) NOTE: Art. "637 of the Civil Code has already
been superseded by Art. 50 of the Water Code.

Lower estates (servient estates) are obliged to

receive the waters which naturally and without
These are easements imposed by law which have for the intervention -of :man flow from the higher
their object either public use or the interestof private estate (dominant estate), as well as the stone or
persons (CIVIL CODE, Art. 634). earth. which: they carry with them (WATER
CODE, Art. 30). :
KINDS OF LEGAL EASEMENTS:
1. Public legal easements The owner of the lower estate cannot construct
— Those for public or’ communal use. and © works which will impede this natural flow, unless
governed primarily by speeial faws-and by. the Bb . he provides an alternative method of drainage
Civil Code; and (WATER CODE, Art. 50).

2. Private legal easements . . Neither can the owner of the higher estate make
— Those for the interest of private persons or for works: which will increase this natural flow (DE
private use and governed LEON, Property, supra at 515).
a. Primarily by the agreement of the interested
parties; Right of higher estate to drain water
b. In the absence thereof, by the provisions of The owner of the higher estate has the right to
general or local laws and ordinances; and employ artificial means to drain water from higher
c. In default of (a) and (b), by Articles 634-687 to lower land provided that:
of the Civil Code (DE LEON, Property, supra a. He shall select the routes and methods that
at 514). will cause the minimum damage to the lower
lands; and
hb. Pay just compensation (WATER CODE, Art.
CLASSES OF PRIVATE LEGAL
46).
EASEMENTS: (WaR-PalL- DraDiNuSu)
1. Easement relating to Waters (CIVIL CODE, Art. NOTE: Water right, such as the right to use a
637-648): (DARAD) drainage ditch for irrigation purposes, which are
a. Easement of Drainage of waters (CIVIL appurtenant to a parcel of land, pass with
CODE, Ant. 637; P.D. No. 1067, otherwise conveyance of the land, although not specifically
known as Water Code of the Philippines, Art. mentioned in the conveyance (Vaiisno v. -
50 (hereinafter WATER CODE]), Adriano, G.R: No, L-37409, May 23, 1988).
b. Easement of Abutment of dam (C/VIL CODE,
Art. 639);
 ZOE Estdios,

MEMORY AID
San Boda University Collage of Law ~ RGCT Bar Gperations Center

Q: X owns an agricultural land planted mostly 3. EASEMENT OF ABUTMENT

with fruit frees. Y owns an adjacent land devoted
OR
to his piggery business, which is two (2) meters BUTTRESS OF A DAMOR ESTRIBO
higher in elevation. Aithough Y has constructed a DE PRESA (CIVIL CODE, Art. 639)
waste disposal lagoon for his piggery, it is Whenever for the diversion of taking of water
inadequate to contain the waste water containing from a river or book, or for the use of any
pig manure, and ft often overflows and inundates continuous or discontinuous stream, it should be
the plantation of X. This has increased the acidity necessary to build a dam, and the person who is
of the soil in the plantation, causing the trecs to to construct it is not the owner of the banks, or
wither and die. X sues for damages caused to lands which must support it, he may establish the
his plantation. Y invokes his right fo the benefit of easement of abutment of a dam, after payment of
a natural easement in favor of his higher estate, the property indemnity (CIVIL CODE, Art. 639).
which imposes upon the lower estate of X the
obligation to receive the waters descending from A person may establish the easement of
the higher estate. Is Hernando correct? abutment of a dam, provided that: (PIN2S)
a. The Purpose is to divert or take water from a
ANS: No, Y is incorrect. As worded, Art. 637 of river or brook, or to use any other continuous
the Civil Cade in relation to Art. 50 of the Water or discontinuous stream;
Code, imposes a natural easement upon the b. Payment of the proper Indemnity is made:
lower estate to receive the waters which itis Necessary to build a dam;

aoe
naturally and without the intervention of man The person to construct it is Not the owner of
descend from higher states. However, where the banks or lots which must support it; and
the waters which flow from a higher state are e. He must Seek the permission of the owner,
those which are artificially collected in man- and in case of the latter's refusal, he must
made lagoons, any damage occasioned secure authority from the proper
thereby entities the owner of the lower or .. administrative agency.
servient estate to compensation. (Remman
‘Enterprises Inc. v. CA, G.R. No. 125018, April 6, if the construction of the dam is unauthorized, it
20005. can be considered a private nuisance; thus, it can
be lawfully removed (DE LEON, Property, supra
EASEMENT ON RIPARIAN at 51 7 :
PROPERTY
NOTE: Art. 638, Par. 1 of the Civil Codé has been
EASEMENT ‘FOR DRAWING WATER
modified by Art. 57 of the Water Codé.: Article 51 z TERING ANIMALS (CIVIL
of the Water Code states that the banks of rivers CODE, Arts. 640 and 641)"
and streams and the shores of the seas and lakes Compulsory easements for drawing water or for
throughout their entire length and within a zone aléring animals can be imposed only for
of three (3) meters in urban areas; twenty (20) reasons of public use in favor of a town or village,
meters in agricultural areas, and forty (40) after payment of the proper indemnity (CIVIL
meters in forest areas along their margins are CODE, Art. 640).
subject to the easement of public use in the
interest of recreation, navigation, floatage, fishing Requisites: (WIFIS)
and salvage. a. The right of Way should have a maximum
width of 10 meters (4 MANRESA, supra at
Limitation: No person shall be allowed to stay in 722-723);
this zone longer than what is necessary for b. Must be Imposed for reasons of public use;
recreation, navigation, floatage, fishing or ¢. Must be in Favor of a town or village;
salvage ‘or to build structures of any kind d. Indemnity must-be paid; and
(WATER CODE, Art. 51).
NOTE: The indemnity for easement of right
Real Party in Interest of way must also be included, because the
The proper party entitled to institute a case with casement for drawing water carries with it the
respect to the 3-meter strip/zone of Mahabany easement of right of way (RABUYA,
llog Creek was the Republic of the Philippines Property, supra at 539).
through the OSG and the local government of
Las Pinas City and not the subdivision deveioper e. Must be Sought not by one individual, but by
(Pilar Development Corp. v. Dumadag, G.R. No. the town or village, through its legal
194336, March 11, 2013). representation (4 MANRESA, supra at 722-
723).
 PROPERTY
Civil Law

5. EASEMENT OF AQUEDUCT (CIVIL Requisites: (TIDEs)

a. Third persons should not be prejudiced;
CODE, Arts. 642-646) b. Purpose must . be for Irrigation or
Any person who may wish to use upon his own improvement:
estate any water of which he can dispose shall ¢. Damages must be paid; and
have the right to make it flow through the d. The construction must be on the Estate of
intervening estates, with the obligation to another (CIVIL CODE, Ant. 647).
indemnify their owners, as well as the owners of
the lower estates upon which the waters may
EASEMENT OF RIGHT OF WAY
filter or descend (CIVIL CODE, Art. 642).
Modes of Acquisition:
Requisites: (SIC?) a. By a voluntary title (voluntary easement)
a. He must prove that the water is Sufficient for — it is constituted by covenant and does not
require that the dominant estate be isolated
the intended use;
and without an adequate outlet to a public
b. Indemnity must be paid;
c. Dominant owner must prove that he has the
highway (CIVIL CODE, Arts. 688-693); and
Capacity to dispose of the water, and
d. The course is most Convenient, and least bh. By a compulsory title (compulsory
onerous to the third person (CIVIL CODE, easement)
Arts. 642 and 643). — if an estate is so isolated and without an
adequate outlet to a public highway, the grant
thereof is legally demandable (CIVIL CODE,
Limitation:
The easement of aqueduct for private interest
Arts» 649-657; RABUYA, Property, supra at
cannot be imposed on buildings, courtyards, 642):
annexes, or outhouses, -or on orchards or.
gardens already existing (C/VIL CODE, Art. 644). Who may Demand Compulsory Right of
Way: (OUR)
NOTE: Notwithstanding the: easement of i: Qwrler of the dominant estate
aqueduct, the servient owner may close or fence ii: Persons ‘with Real right 10 use the
dominant estate; and
his estate, or build over-the aqueduct so long as
no damage is caused: to the aqueduct or the iif. Usufructuary (/d. at 550).
necessary repairs and cleanings of the same arg
not rendered impossible (CIVIL CODE, Art. 645). NOTE: A merge lessee is nol entilled lo
demand/a ‘fight;of way; his action is against
For legal purposes, easement of agueduct is the lessor (/d.).
apparent and continuous, and thus, susceptible
Requisites of Compulsory Right of Way:
of acquisitive prescription . (CIVIL -=CODE, Art.’
646). (CD-RIPE)-
i. Claimant must be the owner of the
When the use, conveyance or storage
of water " .epclosed immovable or one with real
results in damage to another, the person right;
responsible for the damage shall - pay
it. The Dominant estate is surrounded by
other immovables and there must be no
compensation (WATER CODE, Art. 47).
adequate outlet to a public highway,
ii. Right of way must be absolutely
EASEMENT FOR THE necessary;
CONSTRUCTION OF A STOP LOCK iv. Isolation must not be due to the
OR SLUICE GATE (CIVIL CODE, Art. claimant's own act; :
647) v. Payment of proper indemnity; and
One who for the purpose of irrigating or improving 1.) if passage is continuous and
his estate, has to construct a stop lock or sluice permanent:
gate in the bed of the stream from which the © Indemnity = value of fand occupied +
water is to be taken, may demand that the owners amount of damages caused to the
servient estate; and
of the banks permit its construction, after
payment of damages, including those caused by
2. If passage is temporary:
indemnity = payment of damage
the new easement to such owners and to the
other irrigators (CIVIL CODE, Art. 647). caused (DE LEON, Properly, supra
at 512-522).
PURPOSE: To take water for irrigation or to vi. Easement must be established at the
improve an estate point least prejudicial to the servient
estate, and insofar as consistent with
MEMORY AID
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this rule, where the distance from the Where the Buyer's Land is Enclosed
dominant estate to the public highway Whenever a piece of land acquired by sale,
may be the shortest (DE LEON, exchange, or partition is surrounded by other
Property, supra at 512-522). estates of the vendor, exchanger, or co-owner,
he shall be obliged to grant a right of way without
The following are the requisites in order that the indemnity (CIVIL CODE, Art. 652).
dominant estate may validly claim a compulsory
permanent right of way under Articles 649 and NOTE: In case of simple donation, the donor
650 of the Civil Code (1) the dominant estate is shall be indemnified by the donee for the
surrounded by other immovables; (2) it is without establishment of the right of way (CIVIL CODE,
adequate outlet to a public highway: (3) after the Art. 652).
proper indemnity has been paid; (4) the isolation
was not due to the proprietor of the dominant Where the Seller's Land is Enclosed
- estate's own acts; (5) the right of way claimed is If itis the land of the grantor (seller, barterer or
at a point least prejudicial to the servient estate; co-owner) that becomes isolated, he may
and (6) the right of way must be absolutely demand a right of way after paying an indemnity.
necessary for the normal enjoyment of the However, the donor shall not be liable for
dominant estate by its owner (AMA Land Inc. vs. indemnity (CIVIL CODE, Art. 653).
. Wack Wack Residents’ Association inc., G.R.
No. 202342, July 19, 2017). Rules if Grantor's or Grantee's Land is
Enclosed (CIVIL CODE, Arts. 652 and 653)
GENERAL RULE: The least prejudice criterion a. [Ifthe enclosing estate is that of the grantor
and the shortest distance criterion must concur (seller, barterer, or co-owner but not donor),
(Calimoso v. Roullo, G.R. No. 198594, January [ the grantee does not pay indemnity for the
25, 2016). easement.
if thetenclosed estate is that of the grantor,
EXCEPTION: If the two criteria do not congur, the Hie grantor must pay indemnity (2 PARAS,
criterion of least prejudice to the servient estate f 7
must prevail over the criterion’ of .shortest
distance (Calimoso v. Roullo, GR No. 198594, Width of the Easement
January 25, 2016). . The width of the easement of right of way shall
be that which is sufficient for the needs of the
NOTE: The easement of right of way cannot be i state, and may accordingly be
acquired by prescription; because it . is me to time (CIVIL CODE, An.
discontinuous or intermittent (Ronguilio-v. Roco;
G.R. No. L-10619, February 28;.1958). On the
other hand, an easement of light and view tan be ls may be modified from time to time depending
acquired through prescription counting from the onthe reasonable needs of the dominant
time when the owner of the dominant estate estate (2 PARAS, supra at 710).
formally prohibits the adjoining lot owner from
blocking the view of a window located within the The right of way for cattle should not be more
dominant estate (Aloline v. Flores, G.R. No. than 10 meters wide unless a greater width was
198774, April 04, 2016). a vested right under laws prior to the Civil Code
of 1889 (CIVIL. CODE, Art. 657).
Burden of Proof
The burden of proving the existence of the Q: Tomas Encarnacion's 3,000 square meter
prerequisites to validly claim a compulsory right parcel of land, where he has a plant nursery, is
of way lies in the owner of the dominant estate located just behind Aniceta Magsino's two-
(Costabella Corp. v. CA, G.R. No. 80511, hectare parcel land. To enable Tomas lo have
January 25, 1991). access to the highway, Anicela agreed to grant
him a road right of way a meter wide through
Adequacy Test which he could pass. Through the years Tomas’
The true standard for the grant of the legal right business flourished which enabled him to buy
of easement of right of way is adequacy. If there another portion which enlarged the area of his
is alieady an existing outlet from the dominant plant nursery. But he was still landlocked. He
estate to a public highway, even if inconvenient, could not bring in and out of his plant nursery a
the need to open another is unjustified (Dichoso jeep or delivery panel much less a truck that he
v. Marcos, G.R. No. 180282, April 11, 2011). needed to transport his seedlings. He now asked
Aniceta to grant him a wider portion of her
property, the price of which he was wiling to pay,

to enable him to construct a road to have access
to his plant nursery. Aniceta refused claiming that
she had already allowed him a previous road
right of way. Is Tomas entitled to the easement
he now dernands from Aniceta? (BAR 1993)
ANS: Yes. Art. 651 of the Civil Code provides that
the width of the easement must be sufficient to
meet the needs of the dominant estate, and may
accordingly change from time to time. It is the
need of the dominant estate which determines
the width of the passage. These needs may vary
from time to time. As Tomas’ business grows, the
need for use of modern conveyances requires
widening of the easement. The facts show that
the need for a wider right of way arose from the
increased production owing to tie acquisition by
Tomas of an additional area. Under Art. 626 of
the Civil Code, the easement can be used only
originally contemplated,
for the immovable
in width is justified and
Hence, the increase
should have been granted.
The facts in this case is the same as that of the
case of Encarnacion v. CA (G.R.
March 11, 1991) where the Court heldthat: "To
force Tomas to leave his jeepheyn the highway,
exposed to the elements and the risk of theft
simply because it could not pass through the
is sieer; pigheadedness on
improvised pathway,
the part of the servient estate. Tomas should not
be denied a passageway wide enough to
accommodate his jeepney 4 since.
reasonable and necessary: ‘aspect of the. plant
nursery business.”
Rules if the Right of Way is Permanent.
As for the servient estate: The path Belorigs to
the servient estate, and he pays-all’ the, taxes:
As for the dominant estate: It should pay. for the
repairs and should pay proportionate sharé "of
taxes to the servient estate (CIVIL CODE, Ar.
654; 2 PARAS, supra at 712).
NOTE: The word “proportionate”.
whole tax for the whole estate.
Temporary Easement of Right of Way
Requisites: (In-C?R-In)
a. The easement must be Indispensable:
i. For the Construction,
improvement, alteration, or beautification
of a building;
ii. To Carry materials through the estate of
another; or
iii. To Raise thereon scaffolding or other
objects necessary for the work (CIVIL
CODE, Art. 656).
PROPERTY
Civil Law
NOTE: “Indispensable” is not to be construed
literally. Causing great inconvenience is
sufficient (DF LEON, Property supra at 530).
b. Payment of proper Indemnity to owner of the
estate for damaged caused (C/VIL CODE,
Art. 656).
NOTE: The word “owner” comprehends the
usufructuary who may make use of the right
granted (4 MANRESA 753 as cited in DE
LEON, supra at 520).
8. EASEMENT OF RIGHT OF WAY FOR
THE PASSAGE OF LIVESTOCK OR
SERVIDUMBRES PECUARIAS
Easements of the right of way for the passage of
livestock known as animal path, animal trail, or
any other, and those for watering places, resting
places, and animal folds shall be governed by the
ordinances and regulations relating thereto, and
in.their absence, by the usages and customs of
"the place (ci CODE, Art. 657).
No. 77628,"
Maximum Width:
a. Animal path - 75 meters
b. Animal trail = 3% meters and 50 centimeters
c..- Cattle -,10 meters (unless prior to the Old
Civil Code: vested rights had been acquired
© a greater width) (2 PARAS, supra at 714).
established is
that is NOTE: If sthe. easement
compulsory; the width shall not exceed 10 meters
(DELEON; ‘Properly, supra at 531).
EASEMENT“OF PARTY WALL OR
SERVIDUMBRE DE MEDIANERA
(CIVIL CODE, Arts. 658-666)
This refers to all those mass of rights’ and
:
obligations emanating from the existence and
common enjoyment of wall, fence, enclosure, or
hedges by the owners of adjacent buildings and
estates separated by such objects (2 CASTAN,
supra at 532).
means the
Party Wall
Common wall which separates 2 estates built by
a common agreement at the dividing line such
that it occupies a portion of both estates on equal
parts (DE LEON, Property, supra at 712).
repair,
NOTE: Although called e legal easement, it is a
compulsory kind of co-ownership or forged
indivision where the shares of each owner cannot
’
be separated physically without destroying the
wall. Thus, each co-owner owns the half nearest
to him (2 PARAS, supra at 715). :
 HFG ER

MEMORY AID
San Beda University Cofiege of Law - RGCT Bar Operations Center

PARTY WALL AND CO-OWNERSHIP b. In dividing walls. of gardens and yards

situated in cities, towns, or in rural
communities;

Shares of parties Shares of the co-owners

cannot be physically can be divided and
segregated but they separated physically but
can ‘be physically before such division, a
identified. co-owner cannot point to watt

any definite portion of the Property A

property as belonging to
him.
c. Infences, walls and live hedges dividing rural
lands;

No limitation as to use None of the co-owners

of the party wall for may use the community
exclusive benefit of a property for his exclusive
party. benefit.
Froparty A x

Owner may free Partial renunciation is |

ay
~
himself from "allowed.
contributing to the cost
of repairs and
construction of a party
wall by renouncing all
his rights thereto.
(DE LEON, Property, supra at 536).
s.r. drains opened between two
NOTE: Not all common walls are.-party walls.
Thus, a wall built on a lot co-owned: by two
persons is a common wall but Hot, a party wall wPropearty A

(id.).
Presumptions of Existence (Juris Tantim)
(CIVIL CODE, Arts. 659 and 661): Ditch or
_
The existence of an easement of party wall is
presumed, unless there is a title, or exterior sign,
or proof to the contrary:

a. In dividing walls of adjoining buildings, up to

point of common elevation; Property B

Fronk View

Paint of NOTE: If the earth or dirt removed to open the

commen
elevation
ditch or to clean it is only on one side, the
ownership of the ditch belongs exclusively to the
owner of the land having this exterior sign in its
favor (CIVIL CODE, Art. 661)..

Rebuttal of Presumption:
a. By title;
b. By proof to the contrary (Valenzuela v.
Unson, G.R. No. L-10266, Oct. 20, 1915); or
c. By exterior signs to the contrary (CIVIL
CODE, Arts. 660 and 661).
 PROPERTY
Civit Law

NOTE: If one owner has signs in his favor, and I0P VEN
some against him, they generally cancel each
other, unless it can be shown from the purpose of
the wall that it had been made for the exclusive
benefit of one (PARAS, Property, supra at 710-
711).

Exterior Signs Rebutting the Existence of a

Party Wali (CiVIL CODE, Art. 660)
It is understood that there is an exterior sign,
conlrary to the easement of party wall:

a. Whenever in the dividing wall of buildings d. Whenever the dividing wall bears the burden
there is a window or opening; of the binding beams, floors and roof frame
of one of the buildings, bui not those of the
others;
wal B{in his favor)
Front View A Wail

Winugow of Opening

b. Whenever the dividing walls, on’ one side,

straight and plumb an allits facemeiit, and 6n e. ‘Whenever the dividing wall between
the other, it has similar: conditions on the courlyards,” gardens, and tenements is
upper pari, but the lower part slants. or. constructed-in: such a way that the coping
projects ouiward; cn sheds the water upon only one of the estates;

Property A Propanly 8

PROPERTY A

¢. Whenever the entire wall is built within the

boundaries of one of the estates; Whenever the dividing wall, being built of
masonry, has stepping stones, which at
Boundary {in his certain intervals project from the surface on
| > favor) one side only, but not on the other;
Froparty §

Property A Property B
(6s tks favor)

Property A

Wall
 Fo

MEMORY AID
San Beda University College of Law ~ RGCT Bar Operations Center

g. Whenever lands enclosed by fences or live ii. Pay for any damage which may be
hedges adjoin others that are not enclosed; caused by the work, even though such
and damage may be temporary;
iii. Bear the costs of maintenance of the
Property portion added;
iv. Pay for the increased cost of
preservation;
v. Reconstruct if original wall cannot bear
the increased height; and
vi. Give Additional space necessary, if the
wall is to be thickened (2 PARAS, supra
at 720).
Property C

Jor bis favors

¢. To Bemolish the building being supported by
a party wall provided the cost of all repairs
Fences and work necessary to prevent any damage
which the demolition may cause to the party
wall shall be borne by him (CIVIL CODE, Art.
h. Whenever the earth or dirt removed to open 663).
the ditch or to clean it is only on one side
thereof. The ownership of the ditch shall NOTE: He may also renounce his part
belong to the owner of the land having this ownership of the wall (CIVIL CODE, Art.
exterior sign in his favor (CIVIL CODE, Art. 663).
661).
Obligations of Each Part-Owner:
The deposit of earth or dirt is on one side a: To contribute proportionately to the repair
alone is an exterior sign that the owner.of that “ang-maintenance unless he renounces his
side is the owner of the ditch or drain (DE part-ownership (CIVIL CODE, Arf. 662);
LEON, Property, supra at 537). b. If one part-owner raises the height of the wall,
he must (MECA):
Property A “Bear the cost of Maintenance of the
additions;
increased Expenses of

Bear the
rt, of construction; and
Give Additional land, if necessary, to
thicken the wall (CIVIL CODE, Art. 664).

NOTE: The other owners who have not

Dirt or Earth
contributed in giving the height, depth, or
{in his favor) “thickness to the wall may, nevertheless, acquire
the right of part-ownership therein, by paying
NOTE: In all these cases, the ownership of the ptoportionally the value of the work at the time of
walls, fences, or hedges shall be deemed to the acquisition and of the land used for ‘its
belong exclusively to the owner of the property or increased thickness (CIVIL CODE, Art. 665).
tenement which has in its favor the presumption
based on any one of these signs (CIVIL CODE, 10.EASEMENT OF LIGHT AND VIEW
Art. 660). (CIVIL CODE, Arts. 667-673)
Easement of Light (jus luminum)
Rights of Part Owners: (UID) The right to admit light from the neighboring
a. To make Use of the wall in proportion to> their estate by virtue of the opening of.a window or the
respective interests (CIVIL CODE, Art. 666), making of certain openings (2 CASTAN, supra at
rest buildings on it, or insert beams up to 536).
one-half of the wall’s thickness;
Easement of View (jus prospectus)
b. To Increase the height of the wall {CIVIL The right to make openings or windows, to enjoy
CODE, Art. 664). He must (DPaBe-Pay- the view through the estate of another and the
ReAdd): power to which would obstruct such view or make
i. Do so at his expense; the same difficult. It necessarily includes
easement of light (/d.).
 PROPERTY
Civil Law

No part-owner, without the consent of the others, NOTE: The non-observance of these
open through the party wall any window or distances does not give rise to prescription
aperture of any kind (CIVIL CODE, Art. 667). (CIVIL. CODE, Art. 670, Par. 3).

Effect: If the opening is done without consent, Where the Above Distances are NOT
the other co-owners may demand that what has Applicable: ’
been done be undone solely at the part-owner's a. To buildings separated by a public way ar
expense (RABUYA, Property, supra at 558). alley, which is not less than 3 meters wide
(CIVIL CODE, Art. 672);
10-Year Period of Prescription for Acquisition
of Easement of Light and View (C/VIL CODE,
Art. 668): Property A
The period of prescription for the acquisition of an
easement of light and view shall be counted:
a. Where the easement is positive (if made
nat he Public fond? Alisy
through a party wall), from the time of the
opening of the window; or }
b. Where the easement is negative (if made
through a wall on the dominant estate), from
the time of the formal prohibition upon the . Property 8
adioining owner (CIVIL CODE, Art. 666).

Rules for Regular Windows (ci CODE, All. EXCEPTION: Unless a special regulation
670): "and local ordinance provide the contrary
a. For windows having DIRECT VIEWS {face to (cv COBE, Art. 672).
face), observe at least 2 meters distance
between the wall having the windows and the b. Whenever by ‘any title {such as by contract,
boundary line. ) will, donation; ‘or prescription) a right has
been dcglired to have direct views,
Wail balconies,”"or belvederes overlooking an
Propety 8B adjoining’ property. The servient estate
cannot build thereon if the direct view is less
“than a distancéd of 3 meters from the wall
(CIVIL CODE; Art. 673); and

“Balcony — a. platform that projects from the

wall of a Building and is enclosed by a
. “parapet ar railing.
At least 2
meters
; ‘Belvedere — a structure (such as a cupola or
b. For windows having side or oblique views Kl -~d" summerhouse) designed to command a
observe a distance of at least 60 cm... view.
between the boundary tine and the nearest
edge of the window. NOTE: Arl. 673 speaks of a true servitude
(servitude of restraint or abstention) unlike
NOTE: Oblique view means that from direct Arts. 669 and 670 which do not really refer to
view, one must turn his head to the right or to easements since both owners are prohibited
the left to view the adjoining land. (2 PARAS, supra at 728).

Property B
Dominant Estate
Property A
Servient Estate

window

1
H
33!
Pd 1 Owner cannat
build here if
1 distance Is tess
)1 than3 meters

Property A Property 8
At least 3 meters
 DORYPL Eton

MEMORY AID
San Beda University College of Law - RGCT Bar Operations Center

c. Restricted Windows, when the above b. Block the light by building or erecting his own
distances are not observed (CIVIL CODE, + wall unless a servitude is acquired by title: or
Art. 669). prescription (CIVIL CODE, Art. 669).

NOTE: He may also ask for the reduction of the

opening to the proper size.

11.DRAINAGE OF BUILDINGS (CIVIL

CODE, Arts. 674-676)
The owner of a building shall be obliged to
construct its roof or covering in such manner that
the rain water shall fall on his own land or on a
street or public place, and not on the land of his
neighbor (CIVIL CODE, Art. 674).
When the foregoing distances are not The owner of a tenement or a piece of land,
observed, only restricted windows may be subject to the easement of receiving water failing
made by the owner of a wall which is not a
from roofs, may build in such manner as to
party wall, subject to the following receive the water upon his own roof or give it
requirements: (WISH-Pu)
another outlet in accordance with local
i. There must be a Wire screen;
ordinances or customs, and in such a way as not
ii. There must be anA tron grating imbedded
to cause any nuisance or damage whatever fo
in the wall; the dominant estate (CIVIL CODE, Art. 675).
iii. Maximum Size is 30cm. square;
iv. The opening must be at the Height of the Whenever. the yard or court of a house is
ceiling joists (beams) or immediately by other houses, and it is not
under the ceiling (techo}; and possibla to: give an outlet through the house itself
v. The window must be for the:Purpose of to the sain water collected thereon, the
admitting light and air only; bit not of establisiment of an easement of drainage can be
view.
demanded (cv CODE, Art. 676).
Ceiling joists :
asement of drainage of buildings — the
Commonly called beams: laid" hofizontally ~or empty the rain waters from
intended to serve as connection and main
one’s 6wn' roof or shed to the neighbor's
support of the timbers of different: floors that
estate either drop by drop or through
separate the stories of a building.»
conduits (2 CASTAN, supra at 539). ite
Art”674 does not really create an easement 1» fi
for it merely regulates the use of a person's cM
A
property insofar as rain water is concerned (4
MANRESA 810 as cited in PARAS, supra at OQ.
EE
pr = aw
ee
730).

NOTE: Art. 674 provides an exception to Art.

=
637 which obliges lower estates to receive
water naturally flowing from higher estates
(DE LEON, Property, supra at 551).
There may be several openings provided, the
restrictions are complied with for every opening. b. Easement to receive falling rain waters —
There can also be several openings in every floor deals not with legal easement but with a
or story, for each floor or story has a ceiling voluntary easement to receive rain water
(Choco'v. Santamaria, G.R. No. 6076, December falling from the roof of :an adjoining building
29, 1911). (Id. at 552).

Remedies of the abutting owner in case of c. Easement giving outlet to rain water
restricted windows (CB): where house surrounded by other
a. Close the openings if the wall becomes a houses.
party wall; or
NOTE: This is similar to the legal easement
of right of way (2 PARAS, supra at 731).
 PROPERTY
Civil Law

Requisites (DINE): Plantings

a. Least possible Damage caused; Rules (OC-2-50):
b. There must be payment of proper i, Follow distances as prescribed by
indemnity (/d.); Ordinances;
¢. There must be No adequate outlet to the ii. Inthe absence of ordinances, Customs
rain water because the yard or court of a must be observed;
house is surrounded by other houses ii. If none the following rule shall be
(enclosure) (CIVIL CODE, Art. 676}; and, observed:
d. The outlet to the water must be at the 1.) For large trees: at least 2m from
point where Egress is easiest and boundary; and
establishing a conduit for drainage 2.) For shrubs: at least 50cm from the
(CIVIL CODE, Art. 676; 2 PARAS, supra center of the tree (2 PARAS, supra
at 731-732). at 733).

Ownership of Rain Waters Remedy for Violation

Rain waters falling on private lands shall Every landowner shall have the right to
belong to the State. However, any person demand that the plant be uprooted (CIVIL
who collects water by means of cisterns, CODE, Art. 679).
tanks, or pools shall have exclusive control
over the same and shall have the right to The provision covers:
dispose it only for domestic purpdses: i. Planted in violation of the rule; and
(WATER CODE, Arts. 6-7; RABUYA, ii. “Tree grows spontaneously at shorter
Property, supra at 661). distance than mentioned (CIVIL CODE,
Art. 679).
12.INTERMEDIATE DISTANCES _ AND
WORKS FOR . ~ CERTAIN NOTE:
shall ~determine
In case of disagreement,
when trees are
the court
to be
CONSTRUCTIONS ‘AND PLANTINGS classified as” “tall” or “small® (DE LEON,
(CIVIL CODE, Aris. 677-681) Property, stipra'at 851).
No constructions can be Built or plantings made
near fortified places or fortresses without Intrusions:
compliance with the : conditions required in Rules:
special laws, ordinances, and regulations relating i, Of branches: the owner of the tree may
thereto (CIVIL CODE, Art. 677)". be compelled to cut intruding branches at
the boundary.
NOTE: Art. 677, in effect establishes an NOTE: Ifthe demand is not acted, the
easement in favor of the State (DE LEON, downer of invaded tenement must seek
Property, supra at 549).%. The prohibitions authority from the court before cutting
prescribed by law cannot be altered or renounced (CIViL. CODE, Art. 680).
by stipulation of the parties (CIVIL CODE, Art.
678). ii. Of roots: the owner of the invaded
tenement may cut them himself at the
REASON: National security and safety boundary (2 CASTAN 285, as cited in 2
specifically to prevent intrusion into neighboring PARAS, supra at 734).
estates (2 PARAS, supra at 732).
Reason: By incorporation, the intruding
a. Constructions (examples: wells, sewers, roots belong to the owner of the land
etc.) where they are found (2 CASTAN, supra
Rules (OC-P2V): at 596-597).
i. Follow distances fixed by -Ordinances
and Customs; NOTE: The right of the abutting owner
ii. Protective structures prescribed by does not prescribe, unless he was
ordinances or custom must be erected, prohibited to cut, in such case, the 10-
iii. If none, Precautions must be taken ta year prescriptive period will run (C/VIL
avoid damage to neighboring estates; CODE, Art. 621).
and
iv. Violation causes responsibility for fil. Fruits falling naturally belong to the
damages caused (DE LEON, Property, owner of the land (CIVIL CODE, Art.
supra at 550). 681).
 ting ET

MEMORY AID
San Beda University Collage of Law - RGCT Bar Operations Centar

REASON: To . compensate for

inconvenience caused (DE LEON,
Property, supra at 557).

NOTE: If a fruit fell on a public property,

then the owner of the tree retains
ownership (Id. at 552).

13. EASEMENT AGAINST NUISANCE |

(CIVIL CODE, Arts. 682-683)
SUBJACENT SUPPORT
Every building or piece of land is subject to the
easement which prohibits the proprietor or
possessor from committing nuisance through NOTE: There exists a doubt as to whether
noise, jarring, offensive odor, smoke, heat, dust, easements against nuisance and lateral and
water, glare, and other causes (CIVIL CODE, Art. subjacent support may be categorized as legal
682). easements (REYES-PUNO, Philippine Civil Law,
supra at 188-189). While they are restrictions on
Subject to zoning, health, police, and other laws ownership, still even without a prohibition by the
and regulations, factories and shops may be dominant estate, the elimination of such support
maintained provided the least possible would be unlawful (2 PARAS, supra at 739).
annoyance is caused to the neighborhood (CIVIL }
CODE, Art. 683). The duty of an adiacent owner making
excavations upon his land not to deprive any
The servient owner in an easement against: adjacent land of sufficient lateral or subjacent
nuisance is the proprietor or possessor of the” support is an absolute one. it does not depend
building or piece of land, who commits’ the pon gree of care and precaution made by
nuisance thru noise, jarring, offensive. odor, etc. the “proprietor in making the excavation or
(2 PARAS, supra at 736-737). building in: his land (De Jesus v. Howmart Corp.,
G.R. No; 4191 R, August 28, 1974).
The general public, or anybody injured by the
nuisance is the dominant ownerin an easement, © Any stipulation or testamentary provision
against nuisance (/d.). allowing such Kind of excavation is void (CIVIL

14.LATERAL AND SUBJAGENT

Remedy: !njunclive relief and damages (DE
SUPPORT (CIVIL CODE, Arts. 684- -687) EQN, Property, supra at 558).
No proprietor shall make such excavations upon
his land as to deprive any adjacent land or sen two adjacent landowners, each has an
building of sufficient lateral or subjacent support absolute property right to have his land laterally
(CIVIL CODE, Art. 684). supported by the soil of his neighbor, and if either,
in excavating on his own premises, he so disturbs
Lateral support the lateral support of his neighbor's land as to
When the supported and supporting lands are cause it, or, in its natural state, by the pressure of
divided by a vertical plane; on the same plane its own weight, to fall away or slide from its
(DE LEON, Property, supra at 553). position, the one so excavating is liable (Castro
v. Monsod, G.R. No. 183718, February 02,
2011).
ON EXTINGUISHMENT OF LEGAL
EASEMENTS :

= Special Rules
Easement of Right of Way
on the Extinguishment of the

Special causes of extinction (CIVIL CODE, Art.

LATERAL SUPPORT 655)
if the right of way granted to a surrounded estate
‘Subjacent support ceases to be necessary because its owner has joined
. When the supported land is above and the it to another abutting. on a public road, the owner of
supporting land is beneath (/d.).
 PROPERTY
Civil Law

the servient estate may demand that the casement not change this. It is not the presence of apparent
be extinguished (CIVIL CODE, Art. 655, Par. 1). signs or physical indications showing the
The owner of the servient estate may likewise existence of an easement, but rather the manner
demand that the easement be extinguished in case a of exercise thereof, that categorizes such into -
new road is opened giving access to the isolated continuous or discontinuous (Bogo-Medellin
estate (CIVIL CODE, Art. 655, Par. 2). Milling Co., inc. v. CA, G.R. No. 124699, July 31,
2003).
The owner of the servient estate may demand the
extinguishment in the following instances: Like a road for the passage of vehicles or
1. The opening of a public road; or persons, an easement of right of way of railroad
2. Joining the dominant tenement to another with tracks is discontinuous because the right is
exit on a public road (2 PARAS, supra at 713). exercised only if and when a train operated by a
person passes over another's property. In other
NOTE: The opening extinguishes only compulsory words, the very exercise of the servitude
easements, not voluntary easements that are depends upon the act or intervention of man
extinguished only by mutual agreement or which is the very essence of discontinuous
renunciation by the dominant owner (Unisource Corp. easements (Bicol Agro Industrial Producers
v. Chung, G.R. No. 173252, July 17, 2009). Cooperative v. Obias, G.R. No. 172077, October
09, 2008).
In either case, the owner of the servient estate must
return what he may have received by. wdy of: ifthe owner of the servient estale demands that
indemnity (CIVIL. CODE, Art. 6565, Par~1). and the: thereasement be extinguished, he should return
public highway must substantially meet the.needs of. “what he may have received by way of indemnity;
the dominant estate in order that the easement may ‘the amount to be relurned must consist of the
be extinguished (CIVIL CODE, Art. 885, Par. 3), value of “the land occupied and the damages
caused fo the "servient estate (DE. LEON,
REQUISITES FOR.‘ THE Property, supra af 530).
EXTINGUISHMENT OF THE EASEMENT
OF A RIGHT OF WAY; (PAD)
1. The owner of the surrounded ‘estate joined it to-
another abutting on a Public road {CIVIL CODE,
VOLUNTARY
Art. 655, Par. 2) or a new road is operied giving
access to the isolated estate. (GIVIL ‘CODE, Art.
655, Par. 2); 2 Gre 688-693)
2. The new outlet is Adequate |in either case (GIviL
CODE, Art. 655, Par. 3); ang
3. The servient owner must Demand for releass of ;
his estate coupled with retim of indemnity VOLUNTARY EASEMENTS (CIVIL CODE,
received without interest (DE LEGON, Property. , ARTS. 688-693)
Supra at 529). . These are’easements constituted by will of the parties
or-of a testator.
NOTE: The interest on the indemnity shall be
deemed to be in payment of rent for the use of Every owner of a tenement or piece of land may
the easement (CIVIL CODE, Art. 655, Par, 1). establish thereon the easements which he may deem
suitable, and in the manner and form for which he
NOTE: The extinction is not automatic. There may deem best, provided he does not contravene the
must be a demand for extinction coupled with laws, public policy, or public order (CIVIL CODE, Art.
tender of indemnity by the servient owner (DE 688).
LEON, Properly, supra at 529; 2 PARAS, supra
at713). REMEDY FOR IMPAIRMENT
Ask for the destruction of such warks and the
In case of temporary or discontinuous easement,
restoration of the things to their condition before the
nothing has to be paid (DE LEON, Property,
impairment ‘was committed, with indemnity for
supra at 529).
damages suffered (3 SANCHEZ ROMAN, supra at
609).
The easement of right of way is discontinuous
because it is exercised only if a person passes or
The owner possessing capacity to encumber
sets foot on somebody else's land. The presence
property may constitute a voluntary servitude. If there
of more or less permanent railroad tracks does
 MEMORY AID
Ban Beda University College of Law - RGOT Bar Operations Center

are various owners, all must consent; but consent 2: Personal servitudes: for anyone capacitated to
onee given is not revocable (Jd.). accept (CIVIL CODE, Art. 613).

RULES GOVERNING VOLUNTARY ABANDONMENT OF PROPERTY

EASEMENTS: If the owner of the servient estate should have bound
1. Mf created by title, such as contract or will, then by himself, upon the establishment of the easement, to
such title; bear the cost of the work required for the use and
2. i created by proscription, by the form and preservation thereof, he may free himself from this
manner of possession of the easement; or obligation by renouncing his property to the owner of
3. In default of any of the above, by the provisions the dominant estate (CIVIL CODE, Art. 693).
of the Civil Code on easements (2 PARAS, supra
at 741). NOTE: The abandonment must appear in a public
document for convenience only (CIVIL CODE, Ar.
WHEN THERE IS A USUFRUCT: 1358 (1)).
1. The owner of a tenement or piece of land may
NOTE: The abandoner must comply with the proper
impose thereon, without the consent of the
juridical form for the transmission of the ownership of
usufructuary, any servitudes which will not
real property. Thus, implied abandonment is not
injure the right of usufruct (CIVIL CODE, Art
allowed (4 MANRESA 843 as cited in PARAS at 746).
689).
2. When a usufruct exists, the beneficial owner may
by himself create a temporary easement EXTINGUISHMENT OF VOLUNTARY
compatible with the extent of his beneficial © EASEMENTS
dominion (4 MANRESA 838 as cited in 2 PARAS, ©. .GROUND: Only by mutual agreement
supra at 737).
A voluntary easement could be extinguished
NOTE: If the easement is perpetual, both the oH by: mutual agreement or by renunciation of the
naked and beneficial owners must consent owner of the dominant estate. The opening of an
(CWIL CODE, Art. 690). i adequate outlétito a highway can extinguish only
legal or cormipuisory easements, not voluntary
WHEN THERE IS CO-OWNERSHIP easements! The fact that an easement by grant may
In order to impose an easemerit on an undivided have alsg qualified as an easement by necessity
tenement, or piece of land, the consent of all the co- “does not.detract.from.its permanency as a property
owners shall be required (CIVIL. CODE, Art-691). “right, which:supvivesithe termination of the necessity.
© (Unisource Commercial & Dev. Corp v. Chung, G.R.
REASON: The creation of the voluntary casernent is No. 173252, July 17, 2009).
an act of ownership (2 PARAS, supra at 743-744).
GEG nerally effective between the parties, their heirs
NOTE: Howsver, the consent need not be given and assigns, except in case where the rights and
simultaneously; they can be given successively (4 obligations under the contract are not transmissible
MANRESA 838-839 as cited in PARAS at 744). by their nature (CIVIL CODE, Art. 1311). When the
easement in this case was established by contract,
The consent given by one of the co-owners the parties unequivocally made provisions for its
separately from the others shalbind the grantor and observance by all whom in the future might succeed
his successors (CIVIL CODE, Art. 691, Par. 3). them in dominion (La Vista v. CA, G.R. No. 95252,
September 5, 1997).
NOTE: Once a co-owner gives the consent, he
cannot later .on revoke his consent, unless it is a
vitiated consent. in fact, his own successors cannot
ordinarily revcke the consent he had given (3 NUISANCE
SANCHEZ ROMAN, supra at 640).
(ARTS. 694-707)
VOLUNTARY EASEMENTS ARE
ESTABLISHED IN FAVOR OF:
1. Predial servitudes: A nuisance is any act, omission, establishment,
a. For the owner of the dominant estate; or business, condition of property or anything else
b. For any other person having any juridical which: (ISA-HO)
relation with the dominant estate, if the owner 1. Injures or endangers the heaith or safety of
ratifies it. others;
2. Annoys or offends the senses;
 PROPERTY
Civil Law

NOTE: The determining factor is not its intensity CLASSES OF NUISANCE:

or volume. lt is that the noise is of such character
As to the object it affects:
as to produce actual physical discomfort and Public
annoyance to a person of ordinary sensibilities
— Affects the community or a considerable
rendering adjacent property less comfortable and
number of persons (although the extent of
valuable (2 PARAS, supra at 750).
annoyance or danger be unequal) (2 PARAS,
Supra at 751),
3. Shocks, defies or disregards decency or morality;
4. Qbstructs or interferes with the free passage to
Example: A noisy or dangerous factory in a
any public highway or street, or body of water; or
residential district
5. Hinders or impairs the use of property (CIVIL
CODE, Art. 694).
2. Private
— Affects only a person or a small number of
NOTE: Operates as a restriction upon the right of
persons; and
the owner of the property to make such use of it
as he pleases (DE LEON, Property, supra at
Example: An illegally constructed dam partially
564). But if the hindrance is just, authorized and
resling on another's estate
necessary, it is not a nuisance (2 PARAS, supra
at 749). 3. Mixed
~ Nuisance may be both public and private in
Nuisance is so comprehensive that it hasbeen,
- character (DE LEON, Property, supra at 564-
applied to almaest all ways which have intarferad with
565). =
the rights of the citizens, either in person; property, fe
the enjoyment of his property, or his comfort (Cruz v.
" Pandacan Hikers Club, GR. No. 188213, January”
As to its “susceptibility to summary
11, 2016). abatement:
1. Perse (nyisance at law)
NEGLIGENCE V. RAN —- Nuisange, at "all times
circumstances regardless
and under
of location
all
and
surrounding; and :

Per accidens {nuisance in fact)

~~ Nuisance by reason of circumstances, location,
Liability is based on Liability. « is ‘based on] or surroundings (ALBANO, Torts and Damages
lack of proper care or resulting injury to others, (2016), p.687 [hereinafter ALBANO, Torts and
ditigence. regardless'of the degree Damagesj).
of care or skill exercised
fo avoid iinjury.
NUISANCE PER SEV. NUISANCE PER
~ ACCIDENS
Act complained of is There is continuing harm
already done which being suffered by the
caused injury to the aggrieved party by the
plaintiff. maintenance of the act
or thing which The thing becomes a The thing becomes a
constitutes the nuisance as a matter of nuisance as a question
nuisance law. of fact.

Abatement is not Abatement without May be summarily A reasonable notice to

available as a remedy. judicial proceedings is abated. the person allegedly
The action is for allowed to suppress the maintaining the same is
damages. nuisance. required.

(DE LEON, Property, supra at 562).

Injury in some form is Injury is contingent until

certain fo be inflicted. it actually occurs
(id).
 2072 Bn

MEMORY AID
San Beda University College of Lew « RGCT Bar Operations Center

NUISANCE V. TRESPASS 2. No breach of peace or unnecessary injury must

In trespass, there is entry into another's property, this be committed;
is not necessarily so in nuisance. in trespass, the 3. Prior Demand;
injury is direct and immediate; in nuisance, it is only 4. Prior demand has been Rejected;
consequential (2 PARAS, supra at 748). 5. Approval by district health officer and assistance
of local police; and
6. Value of destruction does not exceed P3,000
DOCTRINE OF ATTRACTIVE NUISANCE
(CIVIL CODE, Art. 704).
One who maintains on his premises dangerous
instrumentalities of a character likely to attract
The action to abate a public/private nisisance is not
children in play and who falls to exercise ordinary extinguished by prescription except in easements
care to prevent children from playing therewith or which are extinguished by obstruction and non-user
resorting thereto is liable to a child of tender years for 10 years (2 PARAS, supra at 748). Since the right
who is injured thereby, even if the child is technically was extinguished by prescription, it ceased to be a
a trespasser in the premises (Hidalgo Enterprises v.
nuisance anymore (Ongsiaco v. Ongsiaco, G.R. No.
Balandan, G.R. No. L-3422, June 13, 1952).
L-7510, March 30, 1957).

A swimming pool or water tank is not an attractive

Unless a Nuisance is a Nuisance Per se, it May
nuisance unless there is some unusual condition or Not be Summarily Abated
artificial feature other than the mere water and its
A nuisance per accidens (or that which depends upon
location (DE LEON, Property, supra at 566). certain conditions and circumstances), its existence
being a question of fact, cannot be abated without
NOTE: Every successive owner or possessor of
due hearing thereon in a tribunal authorized to decide
property who fails or refuses to abate a nuisance: in
‘zwhether such a thing does in law constitute a
that property started by a former owner or possessor
nuisance (Rana v. Lee Wong, G.R. No. 192861-62,
is liable therefore in the same manner as who crealed g "June 30, 2014).
it (CIVIL CODE, Art. 696).
Generally, LGUs have no power to declare a
REASON: injurious effect is a continuing one particular thing: as a nuisance unless such a thing is
(DE LEON, Property supra at. 567).
a nuisance per se (Aquino v. Municipality of Malay
Aklan, G.R: No. 211356, September 29, 2014).
The Doctrine of Comparative Utility or Balancing
of Utilities Doctrine provides. that there is only a
nuisance if the annoyance outweighs the utility to the of illegally constructed
actor and to society as a whole (RABUYA, ‘Property, - establishments for failing to secure the necessary
at 681-682). =» building permits, whether the building constituted a
i nulg Ge per se or nuisance per accidens (Aquino v.
REMEDIES AGAINST PUBLIC . ipality:: of Malay Aklan, G.R. No. 211358,
NUISANCE: (PCE) September 29, 2014).
1. Prosecution under the RPC or local ordinance;
2. Civil Action; and DEFENSES IN ACTIONS FOR DAMAGES
3. Extrajudicial Abatement (CIVIL CODE. Art. 699). BASED ON NUISANCE (PE):
1. Public necessity; and
REMEDIES AGAINST PRIVATE 2. Estoppel (ALLBANO, Torts and Damages, supra
NUISANCE: (CE) at 398).
1. Civil Action; and
2. Extrajudicial Abatement (CIVIL CODE, Art. 705). ROLES OF OFFICERS WITH RESPECT.
TO PUBLIC NUISANCE
EXTRAJUDICIAL ABATEMENT 1. District health officer is charged with the duty to
Any private person may abate a public nuisance see lo it that one or all of the remedies against a
which is especially injurious to him by removing, or if public nuisance are availed of (G/VIL CODE,
necessary, by destroying the thing which constitutes Arts. 700-702). His power is simply to determine
the same, without committing a breach of peace, or whether or not the abatement, without judicial
doing unnecessary injury (CIVIL CODE, Art. 704). proceedings, is the best remedy (DE LEON,
Property, supra at 575); and
Requisites: (INDRAV) 2. The action must be commenced by the city or
1. Nuisance must be especially Injurious to the "municipal mayor (Id. at 570-571).
person affected;
 PROPERTY
Civil Law

NOTE: A private person may also file an action if ] .

the public nuisance is especially injurious to him DIFFERENT MODES OF
(CiVIL CODE, Art. 703). .
: ACQUIRING
NOTE: Under the Revised Charter of Manila, the OWNERSHIP
proper official insofar as illegal construction of ,
houses or public streets are concerned, is the (ART. 712)
City Engineer (Sitchon v. Aquino, G.R. No. L.-
8191, February 27, 1956).

MODE
This is the proximate cause of the acquisition; the
REGISTRY or actual process of acquisition or transfer of ownership
over a thing in question (3 SANCHEZ ROMAN, supra
PROPERTY ot 199-200).
(ARTS. 708-711)
TITLE
This is the remote cause of the acquisition; the
juridical justification for the acquisition or a transfer of
REGISTRATION ) ownership or other real right. (Acap v. CA, G.R. No.
It is any entry made in a book or public registry of; 118114, Becember 7, 1995).
deeds (DF LEON, Property, supra at 578). oe : :
"MODE V. TITLE
SYSTEMS OF REGISTRATION:
1." Former registration systems.” -.
a. Spanish Mortgage Law of 1893,
b. Torrens System established by :the Land
Registration Act (Act. Np: 496); and Directly; and | Serves merely to give
c. Sec. 194- Revised Administrative Code; immediately produces a { the occasion for its
= real right. _.. .|acquisition or existence.
2. Present registration | system - - - "Property ‘ ; ’ :
Registration Decree (P.D. No. 1529).

EFFECTS OF REGISTRATION: j i : The cause or the |The means or the

1. - Operates as constructive notice; =~ i+" | proximate.cause. remote cause.
2. Does not validate or cure defective instrument;
3. Cannot bind property where it -is legally
ineffective;
4. Does not vest title; and _ + |'Fésence of the right | Means whereby that
5. Rule of first in time, first in right (DE LEON, : which 78 to be created | essence is transmitted.
Property, supra at 579-581). + Jor transmitted.

PURPOSES OF REGISTRATION: (DE LEON, Property supra at 579).

1. Gives true notice of the true status of the real
property and the real rights thereto; DIFFERENT MODES AND TITLES
2. Prejudices third persons; and OF ACQUIRING OWNERSHIP
3. Prevents commission of frauds, thus, insuring the
effectivity of real rights over real property (2
PARAS, supra at 761-762).

Occupation Condition .of being

without known owner

Work which includes | Creation, discovery, or

Intellectual creation invention .
 REGIST

MEMORY AID
San Beda University Calfege of Law - RGCT Bar Operations Center

NOTE: The critical factor in the different modes

of effecting delivery which gives legal effect to the
act, is the actual infention nf the vendor to deliver,
and its acceptance by the vendes. Withoo!l that
intention, there is no tradition (Union Motor v. CA,
G.R. No. 117187, July 20, 2001).
Law Existence of required
conditions KINDS: (RCQM)
1. Real Tradition
Examples: CIVIL
~ Actual delivery;
CODE, Art. 624; An.
681; Art. 1434
2. Constructive Tradition
Tradition Contract of the parties - Delivery of the thing, not real or material, but
consists merely in certain facts indicative of the
Donation Contract of the parties same
a. Traditio Symbolica — parties make use of a
Prescription Possession in the token or symbol to represent the thing
concept of owner delivered;
b. Traditio Longa Manu — by mere consent of
Succession Death the parties if the thing sold cannot be
{DE LEON, Property supra at 580). transferred to the possession of the vendee
at the time of the sale;
LAW Traditio Brevi Manu - when the vendee
already has possession of the thing scld by
Those special legal provisions which directly vest:
virtue, of anuther title;
ownership or real rights in favor of certain persons;
: 0 Constitutum Possessorium —
independently of the other modes of acquiring and”
1 the vendor continues in possession of
transmitting ownership or other real rights:
the thing sold not as owner but in some other
capdcily;:and
Examples:
e. Tradition: by public instrument - the-
1. Fruits naturally falling upon adjacent land
execution is equivalent to the delivery of the
belong to the owner of said land;.and
thing, object of the contract.
2. When a person who i§ not the owner ofa
thing sells or alienates and delivers it, and
NOTE: The execution of a public instrument
later the seller or grantor. acquifes title
gives rise only to a prima facie presumption
thereto, such title passes by operation-of law
of delivery which is destroyed when the
to the buyer or grantee (CIVIL:CODE, Art.
instrument expresses that delivery was not
1434)
tended, or by other means showing that
delivery was not effected because a third
TRADITION OR DELIVERY person was in actual possession thereof
It is a mode of acquiring ownership as a consequence (Equatorial Realty v. Mayfair Theater, G.R.
of certain contracts by virtue of which the object is No. 133879, November 21, 2001).
placed in the control and possession of the
transferee, actually or constructively. Itis a derivative 3. Quasi-tradition
mode of acquiring ownership and other real rights by — Exercise of the right of the grantee with the
virtue of which, there being an intention and capacity consent of the grantor; and
on the part of the grantor and grantee and the pre-
existence of said rights in the estate of the grantor, 4. Tradicion por Ministerio de Ia ley
they are transmitted to the grantee through a just title
— Delivery by operation of law (DF LEON,
(1d.-at 503). Property, supra at 594- 595),

Requisites (ARTI):
1. Transmission should be manifested by some Act
MODES OF LOSING OWNERSHIP AND
which should be physical, symbolical or legal; OTHER REAL RIGHTS:
2. Right transmitted should have previously existed 1. Voluntary Modes
in the patrimony of the grantor; — Those that depend upon the will of the owner:
3. Transmission should be by just title; and a. Abandonment — to be valid, requires that the
4. Grantor and grantee should have Intention and holder have legal capacity and intention to
capacity to transmit and acquire (id.). renounce the right.
 PROPERTY
Civil Law

b. Ahenation — transfer of right to another by Specific Instances:

acts mortis causa or inter vivos, either 1. Hunting and fishing;
onerous or gratuitous. 2. Finding of movables which do not have an OWNEr;
3. Finding of abandoned movables (Id. at 598);
2. Involuntary Modes
- Those independent of the will of the owner: A thing is considered abandoned when:
a. Destruction of the thing which may be a. Spes recuperandi (expectation to recover) is
physical or juridical (e.g., the thing goes out gone; and
of commerce), b. Animo revertendi (intention to return or have
b. Revocatory acts (e.g., nullity, rescission, it returned) has been given up by the owner
revocation, or resolution); (2 PARAS, supra at. 790).
c. Extinguishment by legal precept and by
virtue of the owner or third persons’ acts NOTE: A thing that has been lost or taken by
(e.g., accession or acquisitive prescription), force is not ipso facto converted to res nullius for
d. Extinguishment by juridical decree (e.g., it to belong to the person who takes possession
confirmation of judicial sale); or } of the same without the necessity of proving the
e. Extinguishment by act of the State (e.g. mode of his acquisition and it may thus be
confiscation of effects of crime or recovered by the original owner (CIVIL CODE,
expropriation) (2 CAGUIOA, supra at 351- Art. 559). Such thing cannot be acquired by
352). prescription even if extraordinary (2 PARAS,
supra at. 790).

Finding of -hidden treasure (CIVIL CODE, Arts.

OCCUPATION 438 and 439);
Catching of swarm of bees that has escaped from
(ARTS. 713-724) its dwnér, undér certain conditions (CIVIL CODE,
Art. 716);
Catching of domesticated or tamed animals that
have escaped from: their owners, under certain
. OCCUPATION conditions (2 PARAS, supra at 789);
Things appropriable by nature which are without an Transfer of gigeons: to another breeding place
owner, such as animals that are'the object of hunting without fraud. or artifice (CIVIL CODE, Art. 717);
and fishing, hidden treasure; and abandoned and :
movables, are acquired by occupation (CWIL CODE, Transfer of fish to-another breeding place without
Art. 713). fraud or artifice (CWVIL CODE, Art. 717).

It is a mode of acquiring ownership by the. seizure of Land’ Ownership Cannot be Acquired by

corporeal things that have no-owner, with the - Occupation. (CiVIL CODE, Art 714)
intention of acquiring them, and according tothe rules The ownership. of a piece of land cannot be acquired
laid down by law (3 SANCHEZ ROMAN, supra at ° . by occupation (CIVIL CODE, Art. 714).
210).
REASON: When the land is without owner, it pertains
Requisites: (CARISO) to the State pursuant to Regalian Doctrine (2
1. The thing seized must be Corporeal personal PARAS, supra at. 791).
property;
2. The thing must be susceptible of Appropriation NOTE: The State need not acquire abandoned lands
by nature; by occupation because once the requisites of
3. Requisites laid down by law must be complied abandonment had been fulfilled; reversion operates
with; automatically (PINEDA, Law on Property, supra at
There must be an Intention to appropriate; 49).
oo»

There must be Seizure of a thing; and

The thing must be without an Owner (DE LEON, RULE ON ABANDONED PRIVATE LAND
Property, supra at 602). There is no law which categorically provides that such
"land becomes the property of the State. Since Art.
NOTE: Material holding is not essential as Jong 714 makes no distinction between land which never
as the possessor considers the thing as had an owner and a land originally with an owner but
subjected to his control or disposition (id. at 604). later abandoned, it would seem that the land cannot
be acquired by occupation. However, there: are Civil
Law authorities who are of the view that” such
interpretation would result in the absurd situation of ~
 MEMORY AID
8an Beda University College of Law ~ ROCT Bar Operations Genter

an abandoned land remaining perpetually res nuliius 2. One who buys the property from the finder
and not capable of being acquired by prescription. knowing that he is buying lost property has the
Thus, it is submitted that the abandoned land duty to return although he is not the finder; ’
becomes patrimonial land of the State susceptible of 3. Thing cannot be acquired by prescription even if
acquisition through acquisitive prescription (2 extraordinary;
PARAS, supra at 792). 4. Law requires the finder to deliver the movable to
the mayor where the finding has taken place
OCCUPATION V. POSSESSION {CIVIL CODE, Ant. 719, Par. 1);
5. Abandonment must be voluntary and intentional
to be effective;
6. Ifthe owners should appear in time, he is obliged
to give the finder a 10% reward based on the sum
Mode of acquiring | Merely raises the or the price of the thing found (CIVIL CODE, Art.
ownership. presumption of 720), and
ownership when it is 7. The expenses must be reimbursed by the finder
exercised in the concept or the owner in case the latter claims the movable
of an owner. {CIVIL CODE, Art. 719, Par. 4; DE LEON,
Property, supra at 609-610).

NOTE: The rights and obligations of the finder of lost

Refers only to | May be exercised over personal property are based on the principle of quasi-
corporeal personal {any kind of property contract. The duty imposed on the finder by Art. 719
property. whether real or personal, Lis based on the fact that one who fost his property
corporeal or incorporeal: =:does not necessarily abandon it. If there is no
s.;abandonment, the lost thing has not become res
ufiiys (DE LEON, Property supra at 609).
Requires that the [Refer to a property
object thereof be | owned by somébady.
without an owner.
© DONATION
(ARTS. 725-773)
Requires that there be | May “be had in the
an intent to acquire j concept of a. meré
ownership. holder.
~ DONATION
.act of liberality whereby a person disposes
gratuitouslyof a thing or right in favor of another wha
May not take place {May exist: without accepts it (CIVIL. CODE, Art. 725).
without form of | occupation.
possession. Requisites: (CIDA)
1. Donor must have Capacity to make the donation
at the time of the perfection of the contract;
Of short duration. Generally of longer
NOTE: Donation is valid even if the person has
duration. schizophrenia. A person suffering from such
sickness is presumed capable of attending to his
property rights. There is no total loss of control of
By itself cannot lead to | May lead to another form his mental facilities (Catalan v. Basa, G.R. No.
another form of | which is prescription. 159567, July 31, 2007).
acquisition.
2. He must have donative Intent (animus donandi);
(DE LEON, Property, supra at 603).
3. There must be Delivery; and
RULES AS TO LOST MOVABLES
1. Theft is committed by any person, having found 4. Donee must Accept or consent to the donation.
lost property, shall fail to deliver the same to the
local authorities or to its owner (REVISED NOTE: In certain donations, the form prescribed
PENAL CODE, Art. 308(1)); by law must be followed (CIVIL. CODE, Arts. 748
and 749; DE LEON, Property, supra at 627).
 PROPERTY
Civil Law

the donee by virtue of a Deed of Donation until and

ESSENTIAL FEATURES/ELEMENTS OF unless it has becn accepted in a public instrument
and the donor duly notified thereof. The acceptance
A TRUE DONATION (INTER VIVOS): (Al- may be made in the very same instrument of
AR) donation. If the acceptance does not appear in the
1. Alienation of property by the donor during his same document, it must be made in another. Where
lifetime, which is accepted; the Deed of Donation fails to show the acceptance,
2. Irrevocability (except for legal causes); or where the formal notice of the acceptance, made
3. Animus Donandi (Intent to benefit the donee); in a separate instrument, is either not given to the
and donor or else not noted in the Deed of Donation and
4. Resuttant decrease in the assets or patrimony of in the separate acceptance, the donation is null and
the donor (2 PARAS, supra at 881-882). void (Arangote v. Spouses Maglunob, G.R. No.
1789086, February 18, 2009).
PERFECTION OF DONATION
The donation is perfected from the moment the donor CLASSIFICATION:
knows of the acceptance by the donee (CIVIL CODE, 1. As to effectivity:
Aft, 734). a. Inter vives;
b. Mortis causa; and
NOTE: Acceptance must be made during the lifetime c. Propter nuptias — made by reason of
of the donor and of the donee (CIVIL CODE, Art. 746)....... .... .. marriage and before its celebration, in
1. In case of donation inter vives, acceptance takes: “eonsideration of the same and in favor of one
effect during the lifetime of the donor and the, wor both of the future spouses (DE LEON,
donee. - ~ Froperty, supra at 635-636).
2. In case of donation mortis causa, acceptarice is
made only after the doner's® death hecause™
2. As. to perfection! extinguishment:
they partake of the nature-of-a will And thus “a Purdy
governed by the rules on succession (CIVIL b. Conditional; arid
CODE, Art. 728). Gc... With a term (id.).
Acceptance is indispensable ‘because nobody: is
“3. As to consideration:
obliged to receive a benefit against his will... ts
Simple - the cause of which is the pure
absence makes the donation’ null and’ void (DE. :
g iberality: he donor in consideration of the
LEON, Property, supra at 653). ;
~b-Rémuneratory or Compensatory — that
Prior to learning of the acceptance, there is as yet no
perfected donation, in which case the donor maygive .
~ Which'is giver out of gratitude on account of
~/ % thesservices'rendered by the donee to the
the property to somebody else. Gnee a valid donation.
Se donor, provided they do not constitute a
is perfected, it-cannot be revoked without the consent
" demandable debt;
~ of the donee except on the grounds-provided a taw
Ch Moda’ or Conditional — imposes upon the
such as inofficiousness, failure of the donee to
“ dofiee a burden which is less than the value
comply with the charges imposed in the donation or °%
"of the thing donated (DE LEON, Property,
by reason of ingratitude (/d. at 653-654).
supra at 629-632); and
d. Onerous — imposes upon the donee a
ACCEPTANCE MAY BE IN: reciprocal obligation or, to be more precise,
1. Same instrument in which case there is already this is the kind of donation made for a
knowledge of the acceptance, hence the valuable consideration, the cost of which is
donation is already perfected (Laurea v. Mata, equal to or more than the thing donated
G.R. No. L-19740, March 22, 1923); or (Province of Camarines Sur v. Bodega
Glassware, G.R. No. 194199, March 22,
2. Separate instrument (Lagazo v. CA, G.R. No. 2017).
112796, March 5, 1998).
‘NOTE: illegal or impossible conditions in simple
There must -be proof that a formal notice of such and remuneratory donations shall be considered
acceptance was received by the donor. if real as not imposed (CIVIL CODE, Art. 727). Only
property is involved, it must be noted in both the deed such conditions are disregarded, bul the donation
of donation and separate instrument (Lagazo v. CA, itself remains valid (RABUYA, Property, supra at
G.R. No. 112796, March 5, 1998). 760).

In Sumipat v. Banga, this Court declared that title to Donations with an-onerous cause are governed
immovable property does not pass from the donor to not by the law on donations but by the rules on
 MEMORY AID
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contracts. Hence, on the matter of prescription of vives or mortis causa depends upon the nature of the
actions for the revocation of onerous donation, it disposition made (Reyes v. Mosqueda, G.R. No.
was held that the general rules on prescription 45262, July 23, 1990).
applies (De Luna v. Abrigo, G.R. No. L-57455,
January 18, 1990). That the document in question in this case was
captioned "Donation Mortis Causa” is not controlling.
A stipulation in the donation that it was made for This Court has held that, if a donation by its terms is
and in consideration of the “love and affection inter vivos, this character is not altered by the fact that
which the donee inspires in the donor, and as an the donor styles it mortis causa (Del Rosario v.
act of liberality and generosity” is sufficient cause Ferrer, G.R. No. 187056, September 20, 2010).
for a donation (Quilala v. Alcantara, G.R. No.
132681, December 3, 2001). DONATION INTER VIVOS V. DONATION
MORTIS CAUSA
SIMPLE OR REMUNERATORY
DONATION V.
ONEROUS DONATION

Takes effect { Takes effect only upon

independently of the the death of the donor
: . | donor's death. (CIVIL CODE, Art
Primarily, the law on} The law on contracts : 777).
donations governs; governs.
while the law on
contracts may apply NOTE: In modal{ Made in contemplation
suppletorily. donations, the lawson j: of his death without the
contracts governs up to
intention to lose the
extent of the burden; thing or its free disposal
while. the “law on in case of survival.
donations on the portion
that exceeds the value |.
of the: burden
Title © Title conveyed to the
“| donee before the donee upon the donor's
donor's death. death
Arts. 748 and 749 must | Arts. 748 and 749 are
be complied. not applicable.

Valid if the donor Void if donor survives

survives the donee. donee.

The illegal or | The obligation with

impossible conditions | illegal or impossible
are considered as not | conditions shall = be Generally irrevocable Always revocable at
imposed but the {annulled under Art. during the donor's any time and for any
donation remains valid. { 1783. lifetime except for reason before - the
grounds provided by law donor's death (CIVIL
(RABUYA, Property, supra at 760).
(CIVIL CODE, Arts. 760, CODE, Art. 828).
and 765).
DONATION MORTIS CAUSA GOVERNED
BY RULES ON WILLS AND SUCCESSION The express
Donations which are to take effect upon the death of "irrevocability” of the
the donor partakes of the nature of testamentary donation is the
provisions and shall he governed by the rules "distinctive standard
estabiished in the Title on Succession (Civil CODE, that identifies the
Art. 728). document as a donation
inter vives." Here, the
The title given to a Deed of Donation is not the donors plainly said that
determinative factor which makes the donation “inter it is "our will that this
vivos™ or "mortis causa.” Whether a donation is inter Donation Mortis Causa
 PROPERTY
Civil Law

donation shall pertain to the donee (CIVIL CODE, Ar.

729).

shall be irrevocable and Art. 729 speaks of donations in praesenti which take
shall be respected by effect during the lifetime of the donor but the property
the surviving spouse.” shall be delivered only after the donor's death. Such
The intent to make the donations are inter vivos although the subject matter
donation irrevocable is not delivered at once, or the delivery is to be made
becomes even clearer post mortem, which is a simple matter of form and
by the proviso that a does not change the nature of the act (Vita v.
surviving donor shall Montanano G.R. No. L-50553, February 19, 1991).
respect the irrevocability
of the donation. Conditions beyond the natural expectation of life
Consequently, the of the donor
donation was in reality a The fixing of an event or the imposition of a
donation inter vivos (Del suspensive condition, which may take place beyond
Rosario v. Ferrer, G.R. the natural expectation of life of the donor, does not
No. 187056, September destroy the nature of the act as a donation infer vivos,
20, 2010). unless a contrary intention appears (CIVIL CODE,
Art. 730).

REASON: Fulfillment of the suspensive condition is

Must comply with the Must comply with the retroactive to “the making of the donation (CIVIL
formalities required by formalities required by CODE, At. 1187).
Arts. 748 and 749 of the law for the execution.of
Code. - wills When a person donates something, subject to the
resolutory condition of the donor's survival, there is a
donation inter vivos (eivit CODE, Art. 7317).
Must be accepted by the
donee during his
Can-only be accepted The: validity of automatic reversion upon the
after.the donor's death. happening of the resolutory condition of non-
lifetime.
compliance is valid (Dé Luna v. Abrigo, G.R. No. L-
87455, January 118, 1890). However, where one of
the parties contests ordenies the rescission, “only the
Subject to donor's tax. | Subject to'estate tax. final-word of the court:of competent jurisdiction can
conclusively settle whether resolution is proper or
(2 PARAS, supra at 882-885). not” (UP v. De los Angeles, G.R. No. L-28602,
September. 29, 1970).
In case of doubt, inter vivos : .
In case of doubt, the conveyance should be desmed
INSTANCES ‘OF DONATIONS INTER
donation inter vivos rather than mortis causa, inorder
to avoid uncertainty as to the ownership of the _VIVOS:
property subject of the deed (Puig v. Penaflorida, 1. A donation where the causes of revocation have
G.R. No. L-15939, January 31, 1966). been specified (Zapanta v. Posadas, G.R. No. [-
28204, December 29, 1928),
The legal principle that in case of doubt as to 2. A donation where the donor reserved for himself
gratuitous contracts, construction must effect “the a lifetime usufruct of the property, for if he were
least transmission of rights and interests” (CIVIL still the owner, there would be no need of said
CODE, Art. 1378). reservation (Balaqui v. Dongso, G.R. No. L-
31161, October 28, 1929); ‘
DONATIONS IN PRAESENTI 3. A donation where the donor warrants the title to
the thing which he is donating (Balagui v.
When the donor intends that the donation shall take
Dongso, G.R. No. L-31161, October 28, 1929) —
effect during the lifetime of the donor, though the
there would be no need of warranty were he not
property shall not be delivered till after the donor's
be transferring the title;
death, this shell be a donation inter vives (CIVIL
4. Where the donor immediately transferred the
CODE, Art, 729).
ownership, possession, and administration of the
property lo the donee, but stipulated that the right
Unless the donor provides otherwise, the fruits of the
of the donee to harvest and alienate the fruits
property from the time of the acceptance of the
would begin only after the donor's death (De
Guzman v. bea, G.R. No. L-45724, April 27,
 MEMORY AID
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1939). However, if what had been transferred in

the meantime was only the administration of the
property, the donation is mortis causa {Carino v. DONATION BETWEEN SPOUSES
Abaya, G.R. No. 46706, June 26, 1940); Under Art. 85 of the Family Code, every donation
5. Where the donor stated that while he is alive he
hetween spouses during the marriage shall be void
would not dispose of the property or take away
except moderate gifts on the occasion of family
the land "because | am reserving it to him (the
rejoicing. The prohibition applies also to persons
donee) upon my death” (Cuevas v. Cuevas, G.R. living together as husband and wife without benefit of
No. L-8327, December 14, 1955); and marriage (Ching v. Goyanko, G.R. No. 165879,
6. One where the donees "should not as yet get the November 10, 20086).
possession until our demise”, the administration
remaining with the donor spouses, or either one
surviving (Guarin v. De Vera, G.R. No. L.-8577, DIFFERENCES OF CAPACITIES
February 28, 1957). BETWEEN THE HUSBAND AND WIFE TO
DONATE CONJUGAL PROPERTY:
INSTANCES OF DONATIONS MORTIS Husband: He is capacitated to enter into a valid
CAUSA: contract if he is sui juris. He can donate conjugal
property without wife's consent if these are:
1. One where the registration of the deed before the
Moderate donations given for charity or for times
donor's death is prohibited (Puig v. Penaflorida,
of family rejoicing or distress; or
G.R. No. L-15939, January 31, 1966);
2. Donations to common legitimate children for
2. Donation which will take effect and pass title only
purposes of commencing a professional or
by and because of death (Howard v. Padiila, G.R.
vocational course or other aclivity for self-
No. L-7064, April 22, 1955),
3. If the donor retains full and naked ownership and:
improvement (2 PARAS, supra at 898-899).
control over the property while he is still alive
(Heirs of Bonsato v. CA, G.R No. L-6600, July 30,
“Wife: Unless she is the administratrix of the conjugal
1954), partnership;she cannot donate conjugal property
without the consent of her husband (ld. at 899).
4. One where properties will be delivered after
donor's death (Carifio v. Abaya, G.R. No. 46706,
June 26, 1940}; PROHIBITION OF DONATION BY
5. Where the right to dispose and enjoy is reserved CORPORATION TO POLITICAL PARTY
by the donor (Austria-Magat.v. CA, G.R. No. Under Sec. 36:the Corporation Code (now Sec. 35 of
106755, February 1, 2002); and Srporation Code), every corporation
6. Donation which makes no actual ‘conveyance “has the power and capacity, inter alia, to make
before the donor's death (David v.Sisen, G.R. ' reasonable donations, including those for the public
No. 49108, March 28, 1946). «welfare or for hospital, charitable, cultural, scientific,
or. .Similar purposes. However, foreign
DONORS torporations cannot give donations in aid of any
political party or candidate or for purposes of partisan
The donor must have both the capacity to. contract
and to dispose (CIVIL CODE, Art. 735), and’is not
political activity (REVISED CORPORATION CODE,
specifically prohibited to make a donation (C/VIL Sec. 35).
CODE, Art. 739).
NOTE: Donations inter vivos made by incapacitated
NOTE: Donor's capacity shall be determined as of
donors are merely voidable. Same rule applies where
consent is vitiated (2 PARAS, supra at 899).
the time of the making of the donation (CIVIL. CODE,
Art. 737).
GUARDIANS AND TRUSTEES CANNOT
“Making” means “perfection” of the donation, ALIENATE PROPERTY ENTRUSTED TO
otherwise if “making” means “giving,”
Art. 737 would THEM (CIVIL CODE, ART 736):
in some cases be inconsistent with Art. 734 which
1. This prohibition is not absolute. It is applicable
states that “the donafion is perfected from the
onlyin case of simple donation, but not where the
moment the donor knows of the acceptance by the donation is onerous and is beneficial to the
donee.” To avoid a contradiction, the rule may be beneficiary (DE LEON, Property, supra at 661).
stated thus. “at he lime the donation is pedected,
both the donor and the donee must be capacitated.” 2. Trustees, who have repudiated the trust and
The subsequent incapacity of the donor does not
have acquired the properties by prescription, are
affect the validity of the donation (2 PARAS, supra at allowed to donate said properties (2 PARAS,
902}. supra at 900).
 PROPERTY
Civil Law

DONEES NOTE: Previous criminal conviction 1s necessary

(2 PARAS, supra at 912).
GENERAL RULE: All those who are not specially
disqualified by law may accept donation (CIVIL
CODE, Art. 738). 3. Those made to a public Officer or his/her. spouse,
descendants, or ascendants in consideration of
EXCEPTIONS: Donations may be made to his/her office (CIVIL CODE, Art. 739(3));
incapacitated persons such as:
4. Those made to the Priest who heard the
confession of the donor during the latter's last
1. Minors, and others who cannot enter into a
illness, or the minister of the gospel who
contract, but acceptance shall be done through
their parents or legal representatives (CIVIL extended spiritual aid to him during the same
CODE, Art. 741); and period, or to the relatives of such priest or
minister of the gospel within the fourth (4™) civit
2. Conceived and unborn children, acceptance of degree or the church to which such priest or
which may be made by those persons who would minister belongs (CIVIL CODE, Art. 1027-1032);
legally represent them if they were already born 5. Those made to an attesting Witness to the
(CIVIL CODE, Ant. 742), provided it be for execution of donation, his spouse, parents, or
purposes that are favorable to it (CIVIL CODE, children, or anyone claiming under such witness,
spouse, parents, or children (CIVIL CODE, Ar.
Ars. 40 and 41). Otherwise, # is as if the
conceived child possessed no juridical
1027);
personality (2 PARAS, supra at 908). : 6. Those made to Individuals, associations or
corporations not permitted by law to inherit (CIVIL
NOTE: The donee must accept the donation :
". CODE; Art. 1027);
personally, or through an authorized person with * 7. "Those made by a ward to his or her Guardian
a special power for the purpose,-or with ageneral before the. approval of the final accounts of the
and sufficient power; otherwise; the donation -.. guardianship (CIVIL CODE, Art. 1027);
shall be void (CIVIL CODE, Art. 745). 8.. Those made to".a Physician, surgeon, nurse,
health offices or druggist who tock care of the
Concept of innocent purchaser for value does not donor during his/her last illness (CIVIL CODE,
apply to gratuitous transfers. ;
CArt 1027), i
Under Section 53 of Presidential Decree No. 1529, 9.” Donations void by reason of Unworthiness of
known as the Property Régistrétion Decree, iri‘ al} donee underArt. 740 in re Art. 1032. However, if
cases of registration procured byfraud, the owner the donor had knowledge, or subsequently knew
may pursue all his legal and eguitable” remedies of “the “act. of ..unworthiness of donee and
against the parties to such fraud without prejudice; condoned the same in writing, the donation is
however, to the rights of any innocent holder for value valid (CIVIL CODE, Art. 1033); and
of a certificate of litle. Here;.a donee is not-an
10. Made by Spouses to each other during the
innocent holder for value for the reason that he marriage orto persons of whom the other spouse
acquires property gratuitously by &Deed 6f Donation is.a Bresumplive heir (CIVIL. CODE, Art. 1027).
and not by purchase. Hence, the concept “of an
innocent purchaser for value cannot apply to him i FORMS OF DONATIONS (CIVIL CODE,
{Gambito v. Bacena, G.R. No. 225929, January .24, ARTS” "748 AND 749)
2018). 1. Donations of movable property:
a. If value of property exceeds P5,000,
DONATION PROHIBITED BY LAW: donation and acceptance must always be in
(ACOP-WIG-PUS) writing; otherwise, the same is void (2
1. Those made between persons who were guilty of PARAS, supra at 919-920).
Adultery or concubinage at the time of the
donation {CIVIL CODE, Art. 739(1)); NOTE: Simultaneous delivery of properly
donated is not required (/d.).
NOTE: Previous criminal conviction is not
necessary; the guilt may be proven in a civil b. If value of property is less than P5,000,
action for declaration of nullityof donation donation may be made orally or in writing
personality (2 PARAS, supra at 909). If orally, simultaneous delivery is
required (actual or constructive) for
2. Those made between persons found guilty of the validity; or
same Criminal offense in consideration thereof il. if in writing, donation is valid although nor
(CIVIL CODE, Ant. 739(2)); simultaneous delivery (/d.).
 MEMORY AID
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NOTE: Acceptance may be made orally or in he can give or receive by will (CIVIL CODE,
writing (DE LEON, Property, supra at 672- Art. 752); and
673). b. if the donor has no forced heirs: donation
may include all present property provided he
2. Donation of immovable property: reserves in full ownership or in usufruct:
a. Must always be in a public instrument i. The amount sufficient to support him and
specifying the property donated and the those relatives entitled to support from
burdens assumed by donee, regardless of him (CIVIL CODE, Art. 750); and
value. I. Property sufficient to pay the donor's
b. Acceptance must be either: debt contracted prior to the donation
i. Inthe same instrument; or (CIVIL CODE, Art. 759).
ii. In another public instrument, notified 10
the donor in authentic form, and noted in NOTE: Without such reservation, the
both deeds {CIVIL CODE, Art. 749). donation shall be reduced on petition of any
persons affected. Donation is still valid (DE
NOTE: Article 749 does not apply io onerous LEON, Property, supra at 685).
donations, which are governed by the rules on
obligations and contracts (CIVIL. CODE, Art. 733). The limitation applies only to simple,
remunerative, and modal donations, but not to
Expression of gratitude to the doner without express anerous ones, which are governed by the law on
acceptance was held a sufficient acceptance contracts {/d. at 686).
(Cuevas v. Cuevas G.R. No. L-8327, December 14,
1955). Donations propter nuptias cannot exceed more
than 1/5th of the present property of the future
A donation of immovable to be valid must be i a’ spouses, under a regime other than the absolute
public instrument. However, even if void, it can be the. © of property (FAMILY CODE, Art. 84).
basis of acquisitive prescription for as jong as'there
is adverse possession in the concept ofan owner
(Bautista v. Poblete, G.R. No. 141007:+,Sgplember: property (CIVIL CODE, Art. 751);
13, 2005).
Future property
it is settled that a defective notasization.will strip the Anything which, the donor cannot SEs of at
document of its public character and cedice it to a
private instrument. Article 749 “of the. Civil Coda
requires that donation of real property must be made - NOTE: Future inheritarice cannot be the object of
in a public instrument to be valid. Donation of real. donation, but present or accrued inheritance may
property is void without the formalities specified in the even if the properties have not yet been
foregoing provision. Here, the purported Deed-of- “delivered (2 PARAS, supra at 929).
Donation submitted by the City cannot be considered
a public document. While it confaing. an NOTE: Upon the death of his predecessor, the
Acknowledgment before a notary public, the same is share in an existing inheritance is present
manifestly defective as it was made neither by the property although the heir has not yet entered
alleged donors and their respective spouses, or by into possession of the same (Osorio v. Osorio,
the done (Heirs of. Mariano v. City of Naga, G.R. No. G.R. No. 16544, March 30, 1921). This is based
197743, March 12, 2018). on the principle of law that nobody can dispose of
that which does not belong to him (DE LEON,
Although the non-registration of a deed of donation Property, supra at 687).
shall not affect its validity, the necessity of registration
comes into play when the rights of third persons are . Donation should not prejudice creditors
affected (Gonzales v. CA, G.R. No. 110335, Juné 18, {CIVIL CODE, Art. 759}; and
2001).
Donee must reserve sufficient means for .
LIMITATIONS ON DONATION OF his support and for his relatives which
PROPERTY: are entitled to be supported by him (CIVIL
1. Donation may comprehend all the CODE, Art. 750).
present property of the donor, provided
that:
a. If the donor has forced heirs: he cannot
give or receive by donation more than what
 PROPERTY
Civil Law

EFFECTS OF DONATION:
1. When the donation is made to several persons - NOTE: In fidei commissary substitution, a similar
jointly, it is understood to be in equal partions, limitation is imposed (See CIVIL CODE, Art. 863).
without accretion among them, unless the donor
has otherwise provided (CIVIL- CODE, Art. 753, If the property donated is immovable, the formalities
Par. 1). for donations of real property must be made in a
public instrument and complied with (CIVIL CODE,
Generally, there is no accretion. By virtue of Art. 749).
accretion, the share of the donee who dies ahead
of the donor before perfection, or who is REASON: The naked ownership and usufruct over
incapacitated, or who repudiates or refuses the real property are real properties themselves (CIVIL
donation, goes to the co-donees, provided that CODE, Art. 749).
accretion is proper (CIVIL CODE, Art. 1015).
CONVENTIONAL REVERSION
Thus, when a donation was given to A and B, and Reversion may be validly established in favor of only
the former refuses to accept, B will not get A’s the donor for any case and circumstances, but not in
share unless the donor has provided otherwise. favor of other persons unless they are all living at the
time of the donation (CIVIL CODE, Art. 757).
NOTE: There is a right of accretion in donations
made between husband and wife jointly, if the Any reversion stipulated by the donor in favor of third
contrary has not been provided by th&€ donor person’ ‘in.violation of this provision shall be void, but
(CIVIL CODE, Art. 753, Par. 2). stiall not nultify the denation (CIVIL CODE, Art. 757).

2. Donee may demand the delivery of the thing A reversion in favor of an unconceived child is void,
donated; buit'such riulfity shall-not invalidate the donation (See
CIVIL CODE; Art. 1230).
3. Donee is subrogated to ail the rights and actions
which in case of eviction would pertain to the * REASON: A reversjon is merely an accessory clause
donor (CIVIL CODE, Art. 754); 8 that may be disregarded. The nullity of the donalion
itself carries with-it that of the reversion (DE LEON,
4. Donor's warranty exists if (EPOB): Property, supra at 692).
a. Expressed
b. Donation is Propter nupfias: PAYMENT OF THE DONOR’ S DEBT BY THE
c. Donation is Qnerous; thus if’ simple or. DONEE:: F
remunerative, the donor is not liable for
1. If there is express stipulation: the donee is to
eviction or hidden defects
pay only debts contracted before the
d. Donor is in Bad faith (CIVIL CODE; Art. 754).
donation, if not otherwise specified. He shall
answer only. for the debts up to the value of the
5. In donations propter nuptias, the doror: must
property donated unless the contrary is
release the property from encumbrances, ‘except
stipulated (/d. at 693).
servitudes, .
2. If there is no stipulation:the one is answerable
DONATION WITH RESERVATIONS ON for the debts of the donor only in case of fraud
THE RIGHT TO DISPOSE against creditors (/d.).
The right to’ dispose of some of the things donated, or
of some amount which shall be a charge thereon, . The donation is always presumed to be in fraud
may be reserved by the donor. However, if he should of creditors, when at the time thereof, the donar
die without having made use of this right, the property did not reserve sufficient property to pay his
or amount reserved shall belong to the done (CIVIL debts prior to the donation. Presumption is
CODE, Art. 755). rebuttable (id.).

DONATION OF NAKED OWNERSHIP Remedy of Creditors: Exercise subsidiary right

of rescission (CIVIL CODE, Art. 1381, Par. 1.).
(DOMINIUM DIRECTUM) AND USUFRUCT
(DOMINIUM UTILE)
The ownership of property may also be donated to
one person and the usufruct to: another or others,
provided all the donees are living at the time of the
donation (CIVIL CODE, Art. 756).
 MEMORY AID
San Beda University College of Law - RGCT Bar Operations Center

GROUNDS FOR REVOCATION OF Condition shall refer to any obligation, charge, or

DONATION (BAZNI) burden imposed by the donor in his favor or that
of another. It may be resolutery (CIVIL CODE,
Birth, Appearance, or Adoption of a child Art. 732), but not suspensive, for non-fulfiliment
(CIVIL CODE, Ast. 760); means the donation never became effective
Every donation inter vivos, made by a person (Parks v. Province of Tarlac, G.R. No. 24190,
having no children or descendants, legitimate or July 13, 1926).
legitimated by subsequent marriage, or
legitimate, may be revoked or reduced by the In the absence of affirmative proof to the
happening of any of these events: contrary, the presumption is that the donee has
a. If the donor, after the donation, should have complied with his obligation under the deed of
legitimate or legitimated or illegitimate donation. The claim that the donee failed to do so
children, even though they be posthumous; is a matter of defense which the donor is duty
b. If the child of the donor, whom the latter bound to established by competent evidence {DE
believed to be dead when he made the LEON, Property, supra at 699).
donation, should turn out to be living; and
c. If the donor subsequently adopts a minor Automatic Reversion/Revocation Clause
child (CIVIL CODE, Art. 760). Judicial intervention is not necessary, except
where donee denies donor's right to rescind
Applies to all donations infer vives, and not to
(Roman Catholic Archbishop of Manila v. CA,
donation mortis causa, onerous donations, and G.R. No. 77425, June 19, 1991).
donations propter nuplias (2 PARAS, supra at
945-946). As reiterated in Roman Catholic Archbishop of
Manila that where a donation has an automatic
This contemplates a situation wherein the donor; revocation clause, the occurrence of the
at the time he made the donation, did not have conditiorsagresd {o by the parties as to cause the
any child or descendant or erroneously thought revocation; is sufficient for a party to consider the
he had no more. If the donor had at least one” donation revoked without need of any judicial
child already at the time he made the donation, action. A judicial finding that the revocation is
apply Arts. 771 and 752 (Id). proper js only necessary when the other party
actually goes to court for the specific purpose of
The action for revocation under this ground challenging the propriety of the revocation.
shall prescribe after four (4).years from: Nevertheless; en in such a case, "x xx the
a. The birth of the first child; court will be merely declaratory of
b. His legitimation, recognition or adoption; the revocation, but it is not in itself the revocatory
¢. The judicial declaration of filiation; or.
d. The time information was received regarding
act” (Province of Camarines Sur v. Bodega >
the existence of the child believed dead
sware, G.R. No. 194199, March 22, 2017). b=
lad
(CIVIL CODE, Art. 763). Necessity of court action Ww
In absence of such automatic reversion/ ra
NOTE: The donee shall not return the fruits, revocation clause, judicial intervention is 9
except from the filing of the complaint (CIVIL necessary (De Luna v. Abrigo, G.R. No. L-57455, x
CODE, Art.768). January 18, 1990). ) f.
“First child” in the first instance refers to first Revocation at the instance of the donor or his
legitimate child (2 PARAS, supra at 948). heirs (CIVIL CODE, Art. 770).

NOTE: If the cause or ground disappears, such Only the final word of the court of competent
as when the child dies before the action to reduce jurisdiction can conclusively settle whether
is judicially commenced, the donation should resolution is proper or not (UP v. de los Angeles,
remain valid (3 Navarro Amand; 59 as cited in 2 G.R. No. L-28602, September 29, 1970).
PARAS, supra at 949).
Rules:
Non-fulfiliment of a condition (C/ViL CODE, a. The property donated shall be returned to
Art. 764); the danar
the
donor (CIVIL
(CIV
CODE, Art.
COYNE Ard
764);
784)

The donation shall be revoked at the instance of b. Ifthe property is sold, donated or mortgaged,
the donor, when the donee fails to comply with the alienation -or encumbrance will be
any of the conditions which the former imposed considered void, unless the grantee be an
upon the latter (CIVIL CODE, Art. 764). innocent third party (CIVIL CODE, Art. 764);
 PROPERTY
Civil Law

c: The actions shall prescribe after 4 years subsist. Later ones shall be void (CIVIL CODE,
from the non-compliance with the condition Art. 766).
(CIVIL CODE, Art. 764);
d. Said action may be transmitted to the heirs ingratitude of donee finds no application if the
of the donor, and may be exercised against donation is onerous (Calasan v. Donorito, G. R.
the donee’s heirs (CIVIL CODE, Art. 764); No. 171937, November 25, 2013).
and
e. The donee shall return not only the property For alienations and mortgages effected
but also the fruits thereof which he may have before notation of the complaint, the donor
received after having failed to fulfill the shall have a right to demand from the donee:
condition (CIVIL CODE, Art. 768). a. The value of the property alienated which he
cannot recover from third persons; or
Ingratitude of the Donee; b. The sum for which the same has been
Acts of ingratitude: mortgaged (CIVIL CODE, Art. 767).
a. If the donee should commit some offense
against the person, the honor or property The donee shall not return the fruits, except from
of the donor, or of his wife or children under the filing of the complaint (CIVIL CODE, Art. 768).
. his parental authority;
The action granted to the donor by reason of
NOTE: “Offense” includes both crimes and. ingratitude cannot be renounced in advance.
non-crimes; no criminal conviction’ is Said action prescribes in 1 year, to be counted
required. Mere preponderance-0f evidence: . from tfie time the donor had knowledge of the fact
would be sufficient (2 PARAS, supra at 955). “and it was-possible for him to bring the action.
Thus, if immediately after knowledge of the fact,
b. He imputes to the donor, any’ criminal -.the denaf becémes unconscious for 6 months,
offense, or any act involving moral the period of 6 months shall not be counted (DE
turpitude, even though he- should prove it, LEON, Property, Supra at 712-713).
unless the crime or the: act has been
committed against ithe donee himself, his REVOGATION _ * OF ONEROUS
wife or children under his. authority; and DONATIONS
c. He unduly refuses him:support when the
The action for -revocation of an onerous donation
donee is legally of morally bound to give -
does not. prescripe in 4 years. It is governed by the
support lo the donor (CIVIL, CODE, Art 765), law on contracts. If prescribes in 10 years (Sec. of
Education v. Heirs of Rufino Dulay, G.R. No. 164748,
NOTE: Art. 765s exclusive and must have been
January 27, 2006). .
committed by the donee personally (DE- LEON,
Property, supra at 789).
GROUNDS FOR REDUCTION OF
All crimes which affect the donor'show ingratitude DONATION: (BA2SDI)
and are causes for revocation (Sps. Edvarte v. TL “Birth, Appearance, or Adoption of a child (CIVIL
CA, G.R. No. 105944, February 9, 1996); ‘CODE, Art. 760);
Falsification of a deed of donation is an act of Failure of the donor to reserve sufficient means
ingratitude (Noceda v. CA, G.R. No. 118730, for Support of himself or dependent relatives
September 2, 1999). (CIVIL CODE, Art. 750);

Where the certificate of title was already Failure of the donor to reserve sufficient property
transferred from the name of the true owner to to pay off his existing Debts (CIVIL CODE, Art.
the forger, and while it remained that way, the 759); and
land was subsequently sold to an innocent
purchaser. For then, the vendee had the right to Inofficious, that is, the donation exceeds that
rely upon what appeared in the certificate (Sps. which the donor can give by will (CIVIL CODE,
Eduarte v. CA, G.R. No. 105944, February 9, Arts. 752 and 771).
1996). a. For purposes of reduction, the value of the
estate is that which it had, at the time of
Although the donation is revoked on account of donor's death, and at the time of the
ingratitude, the alienations and mortgages donation.
cffected before the notation of the complaint for
revocation in the Registry of Property shall
 MEMORY AID
San Bada University Colisge cf Law - RGCT Bar Operations Center

Formula: case of violation of a condition therein, a judicial

Net Hereditary Estate = property left minus declaration revoking the same is not necessary. -
debts and charges plus the value of the The rules on contracts and the. general rules on
donation. prescription 10 years to recover in case of written
b. The donee shall not return the fruits, except contracts should apply and not the 4-year
from the filing of the complaint (CIVIL CODE, prescriptive period under Art. 764 of the Civil
Art.768).. Code (Roman Catholic Archbishop of Manila v.
CA, G.R. No. 77425, June 19, 19917).
~ NOTE: If a Deed of Donation expressly provides
for automatic reversion of the property donated in

SUMMARY ON RULES OF REVOCATION

Within four (4) years from birth of the | Within four (4) years from non- | Within one (1) year from the time
first child, or from his legitimation | compliance. the donor had knowledge of the
(recognition), or adoption, or from fact and it was possible for him to
judicial declaration of filiation, or from 3 bring the action.
receipt of information on existence of
the child believed dead (CIVIL CODE,
Art. 763, Par. 1)

The action is transmitted to children andj The action is transmitted’ . Generally, not transmissible, nor
descendants of donor upon his death | donor's heir and may be edisad can the action be filed against
(CIVIL CODE, Art. 763, Par. 2). against the donee’s heir (cna heirs of done (CIVIL CODE, Art.
) CODE, Art. 764). 4 770).

The property affected shall be: The property donated shall be: The property donated shal! be:
1. Returned; . Returned to, thy donor; and 1. Returned but the alienations;
2. Its value if donee has sold the same; 5 and
or arevolid, subje 27 Mortgages effected before
3. The donor may redeem the innocent third persons (CIVIL the notation of the complaint
mortgage on the property, (vith a | CODE, Art. 764 Par. 2). "for revocation in the Registry
right to recover (CIVIL CODE, Art. of Property shall subsist
762, Par. 2). (CIVIL CODE, Art. 766)

The dones shall return the fruits | The donee shall return the fruits Same in Art. 768, Par. 1.
accruing from the filing of the complaint | which he may have received after
(CIVIL CODE, Art. 768, Par. 1). having failed to fulfill the condition
: (CIVIL CODE, Art. 768, Par. 2).
 PROPERTY
Civil Law

SUMMARY ON RULES ON REDUCTION

By donor: at any time Within five (5) years after The action for rescission
donor's death (CIVIL must be brought within
By those entitled to support: during donor's lifetime. CODE, Arts. 771 and four (4) years under Art.
1149) 1389

Not transmissible for right to support is personal in Transmitted to the donor's Transmitted to the
nature (FAMILY CODE, Art. 195). heirs as the donation shall creditor's heirs or
be reduced as regards the successors-in-interest
excess (CIVIL CODE, Art. (CIVIL CODE, Art. 1389).
771)

To the extent necessary to provide for support (CviL The donation takes effect Property affected shall be
CODE, Art. 750). during the lifetimé of the returned by the done for
donor subject to reduction the benefit of the creditor,
J only upon his death ‘with: subject to the rights of
regard - to: the excess innocent third persons
A (CIVIL CODE, Art. 771). (CIVIL CODE, Art. 1387).

Donee is entitled to the Donée:as owner: is -not§ Donee appropriates fruits The fruits shall be
fruits as owner of property affected by . “reduction | as owner (Civir CODE, returned if done in bad
donated (CIVIL CODE, (CIVIL CODE, Art.-i441) Art 441). faith, and if it is impossible
Art 729). butwith regard to excess, to return the property, to
he shall be Jiable.only for be held liable for damages
those accruing from” the | (CIVIL CODE Art. 1388,
filing of the ‘complaint|. Par. 1).
(CIVIL CODE “Art. 768,
Par. 1).
 MEMORY AID
San Beda University College of Lew - RGCT Bar Operations Center

_iv. Lapse of Time provided hy law (DE

PRESCRIPTION LEON, Property, supra at 723).

(ARTS. 1106-1155) 2. Extinctive prescription (Article 1106, Par.

2)
— rights and actions are lost through the lapse of
time in the manner and under the conditions laid
Concept: it is a means of acquiring ownership and
other real rights or losing rights or actions to enforce down by law. It is also called limitation of actions
(DE LEON, Property, supra at 723).
such rights through the lapse of time (DE LEON,
Properly, supra at. 721}.
ACQUISITIVE V. EXTINCTIVE
TYPES OF PRESCRIPTION: PRESCRIPTION
1. Acqguisitive prescription
— one acquires ownership and other real rights
through the lapse of time in the manner and
under the conditions laid down by law (CIVIL
CODE, Art. 1108).
Relationship between One does not look to
a. Ordinary acquisitive prescription: requires the occupant and the the act of the
possession of things in good faith and with land in terms of possessor but to the
just title for the time fixed by law (CIVIL possession is capable of neglect of the owner.
CODE, Art. 1117, Par. 2). producing legai
consequences; it is the
NOTE: Just title here means merely possessor who is the
colorable title, i.e., although there was a aclor.
mode of transferring ownership, the grantor
was not the owner (Dollendo vy. Biarnesa,
G.R. No. 2765, Dec. 27, 1906). Requires possession by Requires inaction of
a claimantwho is not the the owner or neglect of
The Court accepted the opinion of-a learned owner, one with a right {o bring
Spanish law writer who holds that the "titulo his action.
verdadero y valido" as used in this article of
the code prescribes a "titule Colorado" and
not merely "putative," a “titulo Colorado”
being one 'which a person has when he buys Applicable to ownership Applies to all kinds -of
a thing, in good faith, from one whom he d other real rights: rights, whether real or
believes to be the owner; and a "titulo personal.
putativo” “being one which is supposed to
have preceded the acquisition of a<thing,
although in fact it did not, as might happen
Vests ownership or Produces the extinction
when one is in possession of a thing in the
belief that it had been bequeathed to other real rights in the of rights or bars a right
him."(Aguirre v. Court of Appeals, G.R. No. occupant. of action.
122248, January 29, 2004).
Results in the Results in the loss of a
b. Extraordinary acquisitive prescription: acquisition of ownership real or personal right,
acquisition of ownership and other real rights or other real rights in a or bars the cause of
without need of title or of good faith or any
person as well as the action to enforce said
other condition (CIVIL CODE, Art. 1137). loss of said ownership or right.
real rights in another.
Requisites (CTPT):
i. Capacity to acquire by prescription
{National Power Corporation v. Campos Can be proven under the Should be affirmatively
Jr, G.R. No. 143643, June 27, 2003); general issue without its pleaded and proved to
i. A Thing capable of acquisition by being affirmatively | bar the action or claim
prescription; pleaded. of the adverse party.
iii. Possession of thing under certain
conditions; and (id. at 724). B
 PROPERTY
Cwil Law

RATIONALE QF PRESCRIPTION: that led to the complaint and for which the
complaint seeks a remedy;
1. Prescription is of purely statutory origin and is
2. Delay in asserting the complainant's rights,
founded on ground of public policy. Time limit is
having had knowledge or notice of the
imposed for a party to enforce his claim so that
defendant's conduct and having been afforded an
titles to property and other rights will be
stabilized. It protects the diligent and vigilant, not opportunity to institute a suit;
3. Lack of knowledge or notice on the part of the
the person who sleeps on his rights (Id. af 725).
defendant that the complainant would assert the
right on which he bases his suit; and
Without a time limit within which a party may
4. Injury or Prejudice to the defendant in the event
enforce his claim, titles to property and other
relief is accorded to the complainant, or the suit
rights will remain unstable for a long time and
is not held barred (Espinas-Lanuza v. Luna, Jr.,
wasteful litigations will be fostered (Id. at 726].
G.R. No. 229775, March 11, 2019}.
2. Prescription is rightly regarded as a statute of
repose whose object is to suppress fraudulent NOTE: Laches is recourse in equity. Equity, however,
_and stale claims. Our laws favor not property
is applied only in the absence, never in contravention,
of statutory law. Thus, laches, cannot, as a rule, be
rights hanging in the air for an uncertain time
used to abate a collection suit filed within the
(Multi-Realty Dev. Corp v. Makati Tuscany, G.R.
prescriptive period mandated by the Civil Code (De
No. 146726, June 16, 2006).
Castro v. CA, G.R. No. 115838, July 18, 2002}.

PRESCRIPTION AS A MATTER. oF It applies even to imprescriptible actions {e.g., action

DEFENSE ...to annul a-void contract may be barred by laches). Its
Burden of proof: Rests on the hatly eying claim to elements: must be proved positively. Laches is
it (ld. at 729). evidentiary, in nature (Gochan v. Heirs of Baba, G.R.
No. 138945: August 13, 2005).
Effect of failure to plead prescription: E
Failure to plead constitutes waiversof the defense Where the law: provides the period within which o
and cannot be raised for the first time at thy trial or0 on assert a claim ot file an action in court, the assertion
appeal (Id). of the claim or the filing of the action in court at any
time within the: prescriptive period is generally
GENERAL RULE: The issue of prescription is one deemed‘ reasonable, and thus, does not call for the
involving evidentiary matters requiring a full-blown application of laches: Unless reasons of inequitable
trial on the merits and cannet be determined in a proportions are ‘adduced, any imputed delay within
mere motion to dismiss (Id. at 730). the prescriptive period;is not delay in law that would
bar:refief (Phil-Air Conditioning Center v. RCJ Lines,
EXCEPTIONS: G. R No. 183821, November 23, 2015).
1. When the plaintiff's complaint. on its fade. or the fo
evidence he presented shows clearly thai indeed os “PRESCRIPTION V. LACHES
the action has prescribed at the time-it was filed.
2. If, before trial, a party has no means of knowing
that opponent's claim has already lapsed,
prescription as a defense may be pleaded later
as soon as the true nature of the claim is Concerned with the Concerned with the effect
discovered (Id). fact of delay. of delay.

LACHES
Failure or neglect for an unreasonable and A guestion or matter of | A question of inequity of
unexplained length of time, to do that which, by time. permitting a claim to be
exercising due diligence, one could or should have
enforced (this inequity
done earlier (Tijam v. Sibonghanoy, G.R. No. L- | being founded on some
21450, April 15, 1968). It should be stressed that
subsequent change in the
laches is not concerned only with the mere lapse of condition or relation of the
time (Oropeza v. Allied Banking Corp., G.R. No. parties).
222078; April 1, 2019).

The elements of laches are (CoDel IP):

1. Conduct on the part of the defendant, or one Statutory. Not statutory.
under whom he claims, giving rise to the situation
 MEMORY AID
San Beda University College of Law - RGCT Bar Operations Center

required for prescription, it follows that things which

are not susceptible of being appropriated cannot be
the object of prescription {DE LEON, Property, supra
738).
Applies at law. Applies in equity.
Property of the State or any of its subdivisions not
patrimonial in character shall not be the object of
prescription (CIVIL CODE, Art. 1113).
Cannot be availed of | Need not be specifically
unless it is especially | pleaded; court may NOTE: Patrimonial property of the State may be
pleaded as an | consider it in its own acquired as they are treated the same way as
affirmative allegation. | initiative to prevent property of private individuals (DE LEGON, Property,
inequity.
supra at 730).

Period of possession of public and before it became

patrimonial is not counted for the purposes of
completing the prescriptive period (Heirs of
Based on a fixed time. | Not based on "a fixed Malabanan v. Republic, G.R. No, 179387, April 9,
time. 2009).
(DE LEON, Property, supra 728-729; Espinas-
Lanuza v. Luna, Jr, G.R. No. 229775, March 11, Res nullius (property without an owner) is acquired by
2019). . occupation and not by prescription because
prescription presupposes a previous owner (Yu v. De
CAPACITY TO ACQUIRE BY =Lara, G.R. No. 16084, November 30, 1962).

PRESCRIPTION (CIVIL CODE, ART. 1107)

Persons who are capable of acquiring property or i egistered under the Torrens system
rights by the other legal modes may acquire the same (P.D. No. 1529, Sec. 47);
by means of prescription (CIVIL CODE, Art. 1107: Spouses, parents and children and
Par. 1). guardians and wards under certain conditions as
betwegn themselves (CIVIL CODE, Art.1109),
Minors and other incapacitated persons may acquire :
property or rights by prescription; either personally or
through their parents, guardians, of legal
representatives (CIVIL CODE, Art. HOF, Par, 2).

GENERAL RULE: A person must have the legal

capacity to acquire property or rights .by the other:
legal modes in order that he may acquire the same
by means of prescription (DE LEON, Property, ‘supra
at 730-731).
CHARACTERISTICS OF POSSESSION
EXCEPTION: Minors and other incapacitated
TO BE THE BASIS OF PRESCRIPTION
persons may acquire property or rights by (CIVIL CODE, ART. 1118): (OPPU)
prescription, either personally or through their 1. Concept of Owner
parents, guardians, or legal representatives (Id. at Only the possession acquired and enjoyed in the
731-732). concept of owner can serve as a title for acquiring
dominion (CIVIL CODE, Art. 540).
Unlike donation, prescription does not require
consent. It is not necessary that they have capacity Acts of a possessory character which are merely
to act as long as they have juridical capacity (Id. at tolerated by the possessor or which are due to his
732). license, do not constitute possession (DE LEON,
Property, supra at 743-745).
OBJECT OF PRESCRIPTION
GENERAL RULE: All things within the commerce of License
men may be acquired by prescription, unless Positive act of the owner in favor of the holder of
otherwise provided (CIVIL CODE, Ant. 1113). the thing (/d.).

NOTE: The objects of possession are things and Tolerance

rights which are susceptible of being appropriated Passive acquiescence of the owner to acts being
under Art. 530 of the Civil Code. Since possession is performed by another which appear to be
 PROPERTY
Civil Law

contrary to the rights of the former (id.).

Tenants cannot acquire tenanted lands by

prescription, nor can an antichretic creditor the
land of his debtor (/d.). appointed by the courts before their
(CIVIL CODE, Art. 1108). appearance ar
Public appointed by the
When the acts of enjoyment are executed in such courts (CIVIL CODE,
a manner as to be manifest or visible to all, Art. 1108).
especially to the person against whom the
possession is being adversely asserted (1d). Persons living abroad; Persons living abroad,
who have managers or who do not have
in order for possession to be public, it must be administrators (CIVIL managers or
known to the owner of the thing (/d.). CODE, Art. 1108). administrators (CIVIL
CODE, Art. 1108).
Peaceful State and its
Juridical persons
It is acquired and maintained without any
{including the State but subdivisions (only with
vielence, physical, or moral (Id.).
only with regard to regard to properties of
patrimonial property) public dominion)
The possession continues to be peaceful even if (CIVIL CODE, Art. 1108). (CiviL + CODE, Ant.
the possessor should use such force as is
1108).
reasonably necessary to repel or prevent an:
actual or physical invasion of the property (Id). Married : woman (CIVIL Between husband and
CODE, Art, 1110). wife during the
Uninterrupted ; ’ marriage even though
When the possessor has’ never céased to there be a separation
manifest with external “acts his intention to of property agreed
exercise a right over the thing, which upon in the marriage
presupposes that he has never in fact ceased to settlements or by
exercise the right (Id). © judicial decree (CIVIL |
CODE, Art. 1109).
Continuity is not understood in” an, absolute
sense. Possession is uninterrupted if there have Between parents and
been no acts of deprivation of enjoyment of the children during the
things by a third person, or any other act which minority or insanity of
interrupts prescription (/d.). the latter (CIVIL
CODE, Art. 1109).
Interruption is distinct from “discontinuity, the
former is a positive act of third person; while the Between guardian
latter is a neyalive act or abstention-on the part and ward during the
of the passessor himself (/d.). continuance of the
guardianship (CIVIL
CODE, Art. 1108).

In favor of a co-owner
or co-heir against his
co-owners or co-heirs
Minors and other | Minors and other as long as the co-
incapacitated persons | incapacitated persons ownership is
who have parents, | who do not have
recognized (CIVIL
guardians, or other legal parents, guardians, or CODE, Art. 494,
representatives (CIVIL | other legal
Par.5).
CODE, Art. 1108). representatives
(CIVIL CODE, An.
1108). NOTE: Under the Constitution, an alien cannot
acquire any land in the Philippines even by
Absentees who have | Absentees who do prescription (CONST, Art. Xl, Sec. 3, Par. 1, and
administrators, either | not have Sec.7).
appointed by them before administrators, either
their appearance or | appointed by them
 MEMORY AID
Ban Heda Unversity Collega of Lew ~ RGCT Bar Opsrations Center

Prescription Does Not Run Against the State and 4. It must not prejudice the Rights of creditors (while
its Subdivisions Regardless of the Nature of the rights may be waived, it must not be prejudicial to
Government Property (whether Real or Personal) the rights of a third person with a right recognized
Article 1108 (4) of the Civil Code expressly provides by law (CIVIL CODE, Art. 6); and
that prescription does not run against the State and
its subdivisions. This rule has been consistently 5. The person renouncing must have Knowledge of
adhered to in a long line of cases involving reversion the existence of the right (DE LEON, Property,
-of public lands, where it is often repeated that when supra at 736-737).
the government is the real party in interest, and it is
proceeding mainly to assert its own right to recover Kinds:
its own property, there can, as a rule, be no defense 1. Express; and
grounded on laches or prescription. We find that this
ruie applies, regardless of the nature of the 2. Implied/Tacit
government properly. Article 1108 (4) does not - when renunciation resuits from acts which
distinguish between real or personal properties of the imply the abandonment of the right acquired (/d.).
State (Ramsical Jr. v. Commission on Audit, G.R. No.
2137186, October 10, 2017). Where the party acknowledges the correctness of the
debt and promises to pay it after the same has
The rule that prescription does not run against the prescribed and with full knowledge of the prescription,
State does not apply to corporations created by the he thereby waives the benefit of prescription
State for special purposes, it being said that when the (Development Bank of the Philippines v. Adil, G.R. L-
titte of the Republic has been divested, its grantees, . . © 48889, May 11, 1589).
although artificial bodies of its own creation, are inthe
same category as ordinary persons (Shipside Inc.:v. +: NOTE: But a simple promise which contains new and
CA, G.R. No. 143377, February 20, 2001). “positive promise to pay the debl which has
prescribed, such as a promise to pay only one-half or
RENUNCIATION OF PRESCRIPTION parti payment, does not amount to a
ALREADY ACQUIRED: renunciation of. prescription (DE LEON, Property,
supra at 737).
Persons with capacity to alienate property may
renounce prescription already obtained, but-not the +. Advance Renunciation is Void
right to prescribe in the future (CIVIL CODE, Ar.
-= A renunciationiof prescription in advance is void. An
1112, Par. 1). agreement at. the. . obligation arising: from the
subject to prescription is not
Prescription is deemed to have ‘been taditly
renounced when the renunciation résuits from acts
*_ binding (1d. af 736).
which imply the abandonment of the: right aquired
nunciations by Representatives
(CIVIL. CODE, Art. 1112, Par. 2). Only bersoiis with capacity to alienate property can
renounce prescription already obtained, not
Requisites (C-PORK):
guardians, executors, administrators (/d.).
The person renouncing must have Capacity to
alienate property;
Effect of Renunciation to Creditors
Notwithstanding the express or tacit renunciation by
REASON: Renunciation involves the disposition
a person of a prescription already obtained, his
of property;
creditors and all other persons interested in making
the prescription effective, may still plead prescription
2. The renunciation must refer to Prescription
for themselves to the extent of their credit (CIVIL
already obtained;
CODE, Art. 1114).

REASON:
Ant, 6 of the Civil Code (rights may be
waived) but not the right to prescribe in the future
INTERRUPTION OF POSSESSION (civiL
because it is contrary to public order or public CODE, Arts, 1120 to 1124)
policy; Possession is interrupted. for the purposes of
prescription, naturally or civilly (CIVIL CODE, Art.
3. lt must be made by the Owner of the right; 1120).

REASON: An administrator, executor, agent, etc.

cannot renounce unless given Special Power of
Attorney (DE LEON, Property, supra at 736).
 PROPERTY
Civil Law

KINDS OF INTERRUPTION OF Real right of possession — nolust until aller the

POSSESSION: lapse of 10 years.
1. Natural
RECOGNITION BY THE POSSESSOR
— Possession is naturally interrupted when
through any cause it should cease for more than Rule: Any express or implied recognition or
one year (CIVIL CODE, Art. 1121). acknowledgment which the possessor may make
with regard to the right of owner will also interrupt the
NOTE: In case of natural interruption, the old continuity of possession (CIVIL CODE, Art. 1125).
possession loses all its juridical effects, and even
if the possession if reacquired, the old Requisites: (PT-VaB)
possession cannot be tacked to the new 1. Recognition must be made by the Possessor
possession for the purpose of prescription (DE himself, or if made by a Third person, the
LEON, Property, supra at 746-747). recognition must be authorized or ratified by the
pOSSESsOr;
2. Civil
2. Recognition must be Valid and efficacious in law;
— Civil interruption is produced by judicial
and
summons {o the possessor (CIVIL CODE, Art.
1123).
NOTE: When the act of recognition was obtained
through violence, intimidation, fraud, or any other
NOTE: In the case of civil interruption, therg’is
. cause which vitiates consent, it will not interrupt
unanimity between the law .-ang: the
) possessior.
commentators in the view that if the possession
is recovered, it can be connected to'the time that
3. Recognition ‘must have been made Before
has elapsed as if it were in fact continuous, the
“prescription has already been obtained (DE
period of interruption is to be counted for the
LEON, Property, supra at 747).
prescription (DE LEON, Property; supfa at 746-
747).
PRESCRIPTION OF ACTION
When judicial summons does not constitute Concept: Prescription” of action/limitation of action is
interruption: the time within which _an action may be brought or
a. If it should be void’ “for lack of legal’ some act.done tc presérve the right (Id. at 761).
solemnities;
b. If the plaintiff should desist fro the Legal and not natural cause of the extinguishment of
complaint or should, allow the proceedings obligations (id. J i
to lapse; or
c. If the possessor should be absolved from g STATUTES OF LIMITATIONS
the complaint (CIVIL CODE, Art, 1124). Acts limiting, the time within which actions shall be
-brotight." Statutes of limitation do not confer any right
EFFECT OF INTERRUPTION * of action, but" are enacted to restrict the period within
* All the benefits acquired so far from the pdssession “1 which tng right, otherwise limited, might be asserted
cease. When the prescription runs again, it will be afi (id).
entirely new one (DE LEON, Property, supra at 746-
747). STATUTES OF REPOSE
The object of which is to suppress fraudulent and
DISTINGUISH PRESCRIPTION FROM stale claims from springing up at great distances of
SUSPENSION time and surprising the parties of their
representatives when all the proper vouchers and
If prescription is merely suspended, (as
distinguished from interruption), the old possession pieces of evidence are lost or the facts have become
will be added. This may happen when during war, the obscure from the lapse of time of the defective
civil courts are not open (CIVIL. CODE, Art. 1136) or memory of death or removal of witnesses. :
when there is a moratorium on the payment of debts
(Talens. v. Chuakay and Co., G.R. No. L-10127, June Not substantive right but only a matter of defense
30, 1958).
(1d).

Possession de facto — lost if new possession of PURPOSE: To protect the diligent and vigilant, not
those who sleep on their rights (Tagarao v. Garcia, G.
another has lasted longer than 1 year.
R. No. L-40064, December 4, 1934).
 MEMORY AID
ito

San Beda University Coliege of Law - RGCT Bar Cperatons Carter

- EFFECT OF LAPSE OF TIME continued to be in possession during the

Actions prescribe by the mere lapse of time fixed by intervening time, unless there is proof to the
law (CIVIL CODE, Art. 1139). It extinguishes the contrary; and
action. 3. The first day shall be excluded and the last day
included (CIVIL CODE, Art. 1138).
But there is no extinctive prescription unless the
period provided by law expires. Computation of Period in Case Possession
Begins in Good Faith but is Later Converted to
Mere delay in the enforcement of a claim does not Bad Faith
result in any reduction or loss of night, unless the full The prescription will be extraordinary bul the
period required by law for prescription has expired. possession in good faith shall be computed in the
proportion that the period of extraordinary
PRESCRIPTION TO BE PLEADED prescription bears to that of ordinary prescription (DE
LEON, Property, supra at 758).
Obligation subsists until he avails himself of
prescription, the courts of justice cannot supply the
Hiustration: If the possessor had possessed a
defense if the debtor himself does not do so.
movable for three years in good faith, before his
possession was converted into bad faith, the 3 years
Right to prescription may be waived or renounced. it
will be computed as double (6 years).
is deemed waived if not timely raised or pleaded
before or during the hearing of the case.
. RIGHTS NOT EXTINGUISHED BY
it has been held that even if nol pleaded, if it is PRESCRIPTION: {(RAPE-IT-RIPS)
apparent on the face of the complaint, it may. be 1. To demand a Right of way;
favorably considered, even after evidence is #2. To bring an Action to abate a public of private
adduced. Nuisance.
g 3 To.demand Partition of co-ownership;
_PERIOD OF 4. To demand Easement of light and view through
observance:by servient owner of distances for
direct oroblique view;
To declaré the Inexistence of contract or the
ov

nullity:of a void:judgment;
Four (4) years (CIVIL rustee to reconvey property
CODE, Art. 1132, Par.
Ten (10) years" (CIVIL name for the benefit of the cestui |
1). CODE, Art. 1134).
57. To compel Reconveyance of land registered in
: bad faith provided it has not yet passed to an >
“2 Innocent purchaser
for value;
Eight (8) years (CIVIL 0
CODE, Ant. 1132, Thirty (30) years (CIVIL NOTE: An action for reconveyance can be barred
Par.2). CODE, Art. 1137).:5 LL
by prescription (DBT Mar-Bay Construction Inc.
v. Panes, G.R. No. 167232, July 31, 2009).
LO
RULES ON COMPUTATION OF PERIOD: a
The prescriptive period applies only if there is an
1. The present possessor may complete the period actual need to reconvey the property as when the
necessary for prescription by tacking his plaintiff is not in possession of the property. If the
possession to that of his grantor or predecessor; plaintiff, as the real owner of the property also
remains in possession of the property, the
NOTE: However, tacking of possession is prescriptive period to recover title and
allowed only when there is a privity of contract possession of the property does not run against
or relationship between the previous and him. in such a case, an action for reconveyance,
present possessors. In the absence of such if nonetheless filed, should be in the nature of a
privity, the possession of the new occupant
suit for quieting of title, an action that is
should be counted only from the time it actually imprescriptible (Estate of Deceased Spouses
began and cannot be lengthened by connecting Francia .v. Tan, G.R. No. 225687 (Notice),
November 21, 2018).
{South City Homes v. Republic of the Philippines,
G.R.76564, May 25, 1990). When the action for reconveyance is based on a
void deed or contract, the action is imprescriptible
It is presumed that the present possessor who under Article 1410 of the New Civil Code. As long
S

was also the possessor at a previous time, has as the land wrongfully registered under the
 PROPERTY
Civil Law

Torrens system is still in the name of the person

who caused such registration, an action in
personam will lie to compel him to reconvey the
property to the real owner {Spouses Yu Hwa Ping
v. Ayala Land, Inc, G.R. No. 173120, July 26, on the birth,
2017). appearance - of
adoption of a
To seek Issuance of a writ of possession, child (CHVIL
CODE, Art. 763);
2o®

To Probate a will; and

. Recovery by the State of non-registrable land 4. Revoke donation
(DE LEON, Property, supra at 767-768). based on non-
compliance with a
RY OF PRESCRIPTIVE PERIODS condition (CIVIL
CODE, An. 764);
5. Rescission of
contracts (CIVIL
CODE, Art. 1388,
Action to recover |8 years | 30 years Par. 1); and
6. Annul a contract
(CIVIL CODE, Art. |from the
1140 and 1141). time (CIVIL CODE,
possession "AH..1391, Par. 1).
is lost. .
15 Forcible entry and | 1 year
Foreclosure of | 10 years + detainer (GJVIL
Mortgage {CIVIL
. CODE, +. Am
CODE, Art. 1142).
1 1147); :
2, Defamation © +
All other actions Within 5 years from the time (CIVIL. © €ODE, |.
whose periods are the right-of action accrues. CARAT) LL
not fixed in the Code 3 Recover
(Civit. CODE, Art "possession | .de.
1149). facto; .- (CIVIL
i :
CODE, Ad
1. Upon a written 10 years from thé time the 1147)
contract; right'of action accrues: 4. ‘Revoke a
2. Upon an -| donation on the’
obligation created ground” of
by law; and “ingratitude (CHIL
. Upon a judgment “CODE, Art, 769);
(CIVIL. CODE, 5. Rescind or
Art. 1144). recover damages
if immovable is
. Upon an oral 6 years sold with non-
contract; and apparent burden
. Upon a quasi- or servitude
contract (CIVIL (CIVIL CODE,
CODE, Art. Art. 1560); and
1145). 6. Enforce warranty
of solvency in
. Upon an injury to 4 years assignment of
the rights of the
credits (CIVIL
plaintiff ~~ (CIVIL CODE, Art.
CODE, Art. 1629).
1146);
. Upon a quasi |
defict (CIVIL ACCRUAL OF CAUSE OF ACTION
CODE, An Cause of action arises when that which should have
11486); been done is not done or that which should not have
. Revoke or reduce been done is done (DE LEON, Property, supra af
donation based 762). :
 MEMORY AID
San Beda University College of Law - RACT Bar Operations Center

ESSENTIAL ELEMENTS OF A GOOD

CAUSEOF ACTION:
1. Existence of legal right a plaintiff;
2. With a corresponding legal duty in the
From the date when said
defendant; and
3. Violation or breach of that right or duty with
| result was recognized by
greement of the
consequential injury or damage to the plaintiff, for
nterested parties (CIVIL
which he may maintain an action for appropriate
reliel (China Banking Corporation v. CA, G.R.
153267, June 23, 2005).
INTERRUPTION OF PRESCRIPTION OF
NOTE: The moment the breach of right or duty ACTIONS:
occurs, then the right of action accrues, therefore,
period of prescription begins to run (Solid Homes inc. 1. Filing of an action in court (DE LEON,
v. Tan, G.R. Nos. 145156-57, July 29, 2005). Property, supra at 783).

NOTE: Interrupts extinctive prescription as to the

RIGHT OF ACTION DISTINGUISHED
parties-defendants therein (/d.).
FROM CAUSE OF ACTION
The former is the right to commence and maintain an Filing of a motion for reconsideration continues
action. it springs from the cause of action, but does the suspension of the running of prescription
not accrue until all facts which constitute the cause period, which runs again after the court
have ocourred (Multi-Realty v. Makati Tuscany, G:R: proceedings have finally been terminated
No. 146726, June 16, 2008). (Caniza 1% People, G.R. No. L-53776, March 18,
if :
DIFFERENT KINDS OF ACTION AND
CORRESPONDING RECKONING POINT _ When the prescription is interrupted by a judicial
demand; the full period for the prescription must
OF COMPUTATION be reckoned, from the cessation of the
OF PRESCRIPTION PERIOD. interruption {Permanent Savings and Loan Bank
v. Velarde, G R. No. 140608, September 23,
2004): i .

= 2. Written extrajudicial demand by the

creditor ra
From the day:they may The demand must be in writing and made before =oe
be brought: (CMIL xpiration of the peried fixed by law (DE
CODE, Art. 1150). LEON, Property, supra at 784).
cL

Petitioner's action for collection of a sum of

From the last payment of money was based on a written contract and 9 2 B
i the annuity or of the prescribes after ten years from the time its right
interest (CIVIL CODE, of action arose. The prescriptive period is
Art. 1151). interrupted when there is a written extrajudicial
demand by the creditors. The interruption of the
prescriptive period by written extrajudicial
demand means that the said period would
rom the time judgment commence anew from the receipt of the demand
ecame final (CIVIL A written extrajudicial demand wipes out the
CODE, Art. 1152). period that has already elapsed and starts anew
the prescriptive period (Permanent Savings and
Loan Bank v. Velarde, G.R. No. 140608,
From the day the September 23, 2004).
% persons who should ‘
ender the same cease
1 in their functions (CIVIL
 PROPERTY
Civil Law

3. Written acknowledgment of the debt by

the debtor THE
NOTE: In extinctive prescription, the interruption CONDOMINI UM ACT
through the acknowledgment of debt of the (R.A.NO. 4726)
creditor's right can only take place when such
acknowledgment is in writing (DE LEON,
Property, supra at 784).
CONDGMINIUM
It can be implied therefrom, but it must be in
An interest in real property consisting of a separate
writing. If not coupled with a communication
interest in a unit in a residential, industrial, or
signed by the payor, would not interrupt the
commercial building and an undivided interest in
running of the period of prescription (PNB v.
common, directly or indirectly, in the land on which it
Osete, G.R. No. L-24997, July 18, 1968).
is located and in other common areas of the building
(R.A. No. 4726, Sec. 2).
The acknowledgment must be such as to apply
to a particular and specific debt to interrupt
prescription (DE LEON, Properly, supra at 782- UNIT
785). A part of the condominium project intended for any
ene ype of independent use or ownership, including one
Acknowledgement can be made by. a legal or iore. rooms or spaces located in one or more
representative (/d.). . floors (or part/s of floors) in a building or buildings and
. -. 8UCh dccessories as may be appended thereto (R.A.
The acknowledgment of debt before period of No, 4726, Sec. 3)
prescription will interrupt the expirationof the =~ \
period of prescription, but” a mere PROJECT
acknowledgment of the. obligation after it has The entire parcel of real property divided or to be
already prescribed is not sufficient to renew the divided in condominiuins, including all structures
period of prescription (/d.). "thereon (R.A. 4726, Sec, 3(c)).

If the period has already expired, there must be a CONDOMINIUM CORPORATION

renunciation of the prescription already acquired, A corporation which holds title to the common areas,
in order action may be dcquired (id.).. including the land,or the appurtenant ‘interests in
such areas, in which the holders of separate interest
Mere acknowledgment : of débt does not
constitute renunciation of prescription already,
shall automatically be’ members or shareholders, to
acquired (Id). :
the exclusion of others, in proportion to the
appurtenant interest of their respective units in the
comrtion areds (R.A. No. 4726, Sec. 2).
By acknowledgment of debt, the debtor. may
- renew the obligation and interrupt ~ the
prescription so as to make it run only from the
NOTE: Any transfer or conveyance of a unit or an
apartment, office or store, or other space therein,
date of the acknowledgment (Id).
shall include transfer or conveyance of the undivided
interest in the common areas or, in a proper case, the
A mere offer to compromise a suit upon a
membership or shareholdings in the condominium
supposed debt is not an admission that anything
corporation: Provided, however, that where the
is due and cannot be used as evidence against
common areas in the condominium project are held
the defendant (Lichauco v. Limjuco, G.R: No.
by the owners of separate units as co-owners
6189, March 11, 1911).
thereof, no condominium unit therein shall be
conveyed or transferred fo persons other than Filipino
This simply means that the period of prescription,
citizens or corporations at least 60% of the capital
when interrupted by such a written
stock of which belong to Filipino citizens, except in
acknowledgment, begins to run anew; and
whatever time of limitation might have already
cases of hereditary succession (R.A. No. 4726, Séc.
5).
elapsed from the accrual of the cause of action is
thereby negated and rendered inefficacious
Ownership over a condominium unit is acquired by
{Philippine National Railways v. NLRC, G.R.
the buyer only after he had fully paid the purchase
81231, September 19, 1989).
price (Sunset View Condominium Corp. v. Campos,
Jr, G.R. No. L-52361, April. 27, 1981). :
 MEMORY AID
San Beda University Collage of Law - RGCT Bar Operations Canter

DOCUMENTS TO CONSIDER: 2. There shall pass with the unit, as an

1. Enabling or Master Deed appurtenance thereof, an exclusive easement for
~ Which shall contain, among others, the the use of the air space encompassed by the
following: boundaries of the unit as it exists at any particular
a. Description of the land on which the building time and as the unit may lawfully be altered or
or buildings and improvements are or are to reconstructed from time to time. Such casement
be located: shall be automatically terminated in any air space
b. Description of the building or buildings, upon destruction of the unit as to render it
stating the number of stories and basements, untenantable;
the number of units and their accessories, if
3. Unless otherwise, provided, the common areas
any; are held in common by the holders of units, in
¢. Description of the common areas and equal shares, one for each unit;
facilities; 4. A non-exclusive easement for ingress, egress
d. Astatement of the exact nature of the interest and support through the common areas is
acquired or to be acquired by the purchaser appurtenant to each unit and the common areas
in the separate. units and in the common are subject to such easements;
areas of the condominium project. Where title 5. Each condominium owner shall have the
to or the appurtenant interests in the common exclusive right to paint, repaint, tile, wax, paper
areas is or is to be held by a condominium or otherwise refinish and decorate the inner
corporation, a statement to this effect shall be surfaces of the walls, ceilings, floors, windows
included; and doors bounding his own unit;
e. Statement of the purposes for which the 6. Each condominium owner shall have the -
building or buildings and each of the units ate exclusive right to mortgage, pledge, or encumber
intended or restricted as to use; his condominium and to have the .game
f. A certificate of the registered owner of the appraised independently of the” other
property, if he is other than those executing “condominiums but any obligatiop-incurred by
the master deed, as well as of all registered "such Esdeminium owner is personal to him; and
holders of any lien or encumbrance on the: 7. Each condbminium owner has also the absolute
property, that they consent to the registration right to self or dispose of tis condominium unless
of the deed; a the master deed contains a requirement that the
g. The following plans shall be-appended-1o the property be first offered to the condominium
deed as integral parts thereof: owners within areasonable period of time before
i. A survey plan of the land included in the the. is-offered to outside parties (R.A. No.
4726;
project, unless a survey plan ofthe same
property had previously beer filed in said
office; and COMMON AREAS
i. A diagrammatic floor plan ofthe building The ‘entire project except all units separately granted
or buildings in the project; in sufficient or held or reserved (RA. No. 4726, Sec. 3).
detail to identify each unit, its relative
location and approximate dimensions; GENERAL RULE: Common areas shall remain
h. Any reasonable restriction not contrary to undivided, and there shall be no judicial partition
law, morals or public policy regarding the thereof (R.A. No. 4726, Sec 7).
right of any condominium owner to alienate
or dispose of his. condominium (R.A. No. EXCEPTIONS/GROUNDS FOR PARTITION:
4726, Sec. 4). Where several persons own condominiums in a
condominium project, an action may be brought by
2. Declaration of Restrictions (R.A. No. 4726, one or more such persons for partition thereof by sale
Sec. 6); and of the entire project, as if the owners of all of the
condominiums in such project were co-owners of the
3. Articles and © By-Laws of the entire project in the same proportion as their interests
Condominium Corporation or the in the common areas (R.A. No. 4726, Sec. 8) in the
association where applicable. following cases:
1. That three years after damage or destruction
to: the project which renders material part thereof
RIGHTS AND OBLIGATIONS OF
CONDOMINIUM OWNERS/INCIDENTS OF been rebuilt or repaired substantially to its state
A CONDOMINIUM GRANT prior to its damage or destruction:
1. The boundary of the unit granted are the interior 2. That damage or destruction to the project has
surfaces of the perimeter walls, floors, ceilings, rendered one-half or more of the units therein
windows, and doors thereof; untenantable and that condominium owners
 PROPERTY
Civil Law

holding in aggregate more than thirty percent Membership in a condominium corporation,

(30%) interest in the common areas are regardless of whether it is a stock or non-stock
opposed to repair or restoration of the project; corporation, shall not be transferable separately from
3. That the project has been in existence in excess the condominium unit of which it is an appurtenance.
of fifty (50) years, that it is obsolete and When a member or stockholder ceases to own a unit
uneconomic, and that condominium owners in the project in which the condominium corporation
holding in aggregate more than fifty percent owns or holds the common areas, he shall
(50%) interest in the common areas are automatically cease to be a member or stockholder
opposed to repair or restoration or remodeling or of the condominium corporation (R.A. No. 4726, Scc.
modernizing of the project; 10).
4. That the project or a material part thereof has
been condemned or expropriated and that the The term of a condominium corporation shall be co-
project is no longer viable, or that the terminus with the duration of the condominium
condominium owners holding in aggregate more project, the provisions of the Corporation Law to the
than seventy percent (70%) interest in the contrary notwithstanding (R.A. No. 4726, Sec. 11).
common areas are opposed to continuation of
the condominium regime after expropriation or In case of involuntary dissolution of a condominium
condemnation of a material portion thereof; or corporation for any of the causes provided by law, the
common areas owned or held by the corporation
NOTE: If the Court finds that the conditions... shall, by way of liquidation, be transferred pro-indiviso
provided for in this Act or in the declaration of and in proportion to their interest in the corporation to
restrictions have not been met, the: Court may” the membersor stockholders thereof, subject to the
decree a reorganization of the project, declaring... superior rightsof the corporation creditors.
which portion or portions ofthe project-shall
continue as a condominium:-project; the owners; Such. transfer or conveyance shall be deemed to be
and the respective rights of said remaining a full liquidation of the interest of such members or
owners and just compensalion, it any, that a stockholders in the corporation.
condominium owner may be entitled to due to
deprivation of his property (RA. No. 4726, Sec. After such transfer or conveyance, the provisions of
23). this Act governing undivided co-ownership of, or
undivided interest--in,: the common areas in
5. That the conditions for such partition by. sale set - condominium projects shall fully apply (RA. No.
forth in the declaration of. testrictions, duly 4726, Sgt. 12). Fe |
registered in accordance with the terms. of this
Act, have been met (R.AZNo. 4726, Sec. 86). Until the enabling or thé master deed of the project in
whieh the condominiam corporation owns or holds
The owner of a project * shall, prior to the the comment area is revoked, the corporation shall not
conveyance of any condominium therein; register - be voluntarily dissolved through an action for
a declaration of restrictions Telating to Such. dissolution unger Rule 104 of the Rules of Court
project, which restrictions shail constitute-a' lien - + except upon-a showing of the conditions provided in
upon each condominium in the project, and shall Sec, 8.of R.A. 4726 (R.A. No. 4726, Sec. 13).
insure to and bind all condominium owners in the
project. Such liens, unless otherwise provided, _ The condominium corporation may also be dissolved
may be enforced by any condominium owner in by the affirmative vote of all the stockholders or
the project or by the management body of such members thereof at a general or special meeting duly
project (R.A. No. 4726, Sec. 9). called for the purpose; Provided, that all the
requirements of Section sixty-two of the Corporation
CONDOMINIUM CORPORATION Law are complied with (R.A. No. 4726, Sec. 14).
Whenever the common areas in a condominium
The corporation shall be deemed to hold a power of
project are held by a condominium corporation, such attorney from all the members or stockholders to sell
corporation shall constitute the management body and dispose of their separate interests in the project
of the project. and liquidation of the corporation shall be effected by
a sale of the entire project as if the corporation owned
The corporate purposes of such a corporation shaft the whole thereof, subject to the rights of the
be limited to the holding of the common areas, either
corporate and of individual condominium creditors,
in ownership. or any other interest in real property unless otherwise provided for in the declaration of
recognized by law, to the mariagement of the projec] restrictions upon voluntary: dissolution of a
and to such other purposes as may be necessary; condominium corporation (R.A. No. 4726, Sec. 15).
incidental or convenient to the accomplishment of
said purposes.
 MEMORY AID
San Boda University Cotlege of Law - RGCT Bar Operations Center

A condominium corporation shall not, during its

existence, sell, exchange, lease, or otherwise
dispose of the common areas owned or held by it in
the condominium project unless authorized by the
affirmative vote of all the stockholders or members
(R.A. 4726, Sec. 16).

The management body, unless otherwise

provided for by the declaration of restrictions,
may acquire and hold, for the benefit of the
condominium owners, tangible and intangible
personal property and may dispose of the same
by sale or otherwise; the beneficial interest in
such personal property shall be owned by the
condominium owners in the same proportion as
their respective interests in the common areas. A
transfer of a condominium shall transfer to the
transferee ownership of the transferors
beneficial interest in such personal property (R.A.
No. 4726, Sec. 22).